Sued for using GODZILLA PIZZAS

If the GODZILLA movie was scary for you, then don’t be fooled into safely thinking that an approved business (or company) name registration gives you the legal right to use it. It could be the same horror story but in real life.

If you haven’t had your proposed business or company name (brand or logo) thoroughly searched by our Trademark Attorneys, you could land yourself in the Federal Court with significant costs. Take for example, the UGGS boots decision which we reported here.

Even if you add other words to the trademark, it can still be a problem. 

And, if you think approval by IP Australia is sufficient to feel safer, then it isn’t. There are so many cases where the entitlement to the Trademark Registrations was challenged, and the Registration was revoked by Court order.

Take for example, our reported decisions – the Clipsal, the Anchorage and the Chanel No. 5 trademark registration revocation decisions.

GODZILLA PIZZAS received a cease and desist letter from Japanese GODZILLA Trademark Lawyers who represented Toho Co Ltd.

The warning letter threatened Court action, and requested immediate withdrawal of the brand from the market, including deregistration of the GODZILLA PIZZA business name registration.

Toho also demanded destruction of any material such as signage, menus, uniforms, etc. which featured the brand.

By way of background, the Australian Trademark GODZILLA is owned by the Japanese company, Toho Co Ltd. As you are probably aware this trademarked name has been going for a long time.

The name was founded in Japan in 1932 and has had a part in making hundreds of movies, including Godzilla, Oscar-winning anime Spirited Away and films in the Pokemon franchise.

Many of you have registered a business name or company name with The Australian Securities and Investments Commission (A.S.I.C). However, did you read the fine print that you must own the trademark, and have already searched to see if you are infringing trademark rights?

Any new company or business should seek out an experienced Trademark Lawyer to conduct due diligence on a name, or to conduct an Attorney search BEFORE you register a name with A.S.I.C.. It is just not worth the expensive risk of Court action.

Otherwise, you may be sued or threatened with Court action, and forced to de-register the A.S.I.C registration.

The pizza business found out the hard way, that their business name did not cover them for Trademark Infringement. They also invested substantial expense in the shopfront, menus, business registration, etc. To make matters worse they had to pay lawyer defence costs.

Recommendation

Before you outlay finance to roll out a brand, and develop goodwill, we recommend a Trademark Attorney conducts a Trademark Search and provides
an infringement opinion.

If you’re concerned about your brand or Trademark Registration, please have our Attorneys resolve this for you, so you can sleep better at night.

You can get the ball rolling with a quote by filling out our information pack request form.

Don’t pour substantial amounts in legal costs and brand re-deployment to see it wasted because another party actually owns and controls a brand, logo, business name, company name by virtue of a Registered Trademark.