APAL has been successful in its appeal in a case between APAL and Pink Lady America regarding the supply of Chilean-grown apples traded under the brand name Pink Lady® to North America.
Apple and Pear Australia Ltd (APAL) owns and manages the Pink Lady® brand in numerous territories worldwide and invests in the marketing and development of the Pink Lady brand internationally.
The case was heard in the Court of Appeal of the Supreme Court of Victoria and was about the ownership, licensing and usage of the Pink Lady brand on Chilean-grown apples exported to North America and elsewhere. Chile is a major grower of apples and North America is a major importer.
“The Court of Appeal has held and ordered that Pink Lady America has no right to use the Pink Lady trademarks registered in Chile,” says APAL’s Intellectual Property Manager Garry Langford. “We are pleased that the judgment has confirmed APAL’s rights in Chile relating to the trademarks as this will be of benefit to all growers in Chile who export under licence from APAL.”
The judgment confirms that APAL can continue to license the Pink Lady trademarks in Chile on Chilean-grown apples that meet Pink Lady brand quality standards. Pink Lady trademarks in Chile include a range of logos such as the Pink Lady flowing heart logo.
APAL defends the Pink Lady brand and its trademarks worldwide to help ensure that customers who choose Pink Lady apples get only the best quality fruit and not counterfeit or sub-standard fruit. It also provides revenue to support projects run for the benefit of Australian apple growers that APAL manages.
For more information see the Judgment Summary – Apple and Pear Australia Ltd v Pink Lady America LLC  VSCA 280.
Sophie Clayton, Communications Manager
Tel: 0478 029 040