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 Alex Ferrante

Alex Ferrante

Director of Australian Patent & Trademark Services Pty Ltd.

Adelaide Pizza Business sued for using GODZILLA PIZZAS

If the GODZILLA was scary for you, then be careful using your business name registration as a trademark.

Adelaide based GODZILLA PIZZAS had a talking to from the GODZILLA Trademark Lawyers.

GODZILLA PIZZAS received a cease and desist letter from Toho Co Ltd, threatening Court action.

The Japanese company owns Australian Trademark GODZILLA. As you are probably aware this 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 business with ASIC, The Australian Securities and Investments Commission: https://asic.gov.au/

What you probably aren’t told is that you should see a Trademark Lawyer before you register a name with ASIC, so you don’t get sued or threatened with Court action.

The Adelaide business found out the hard way, that their Business name did not cover them for Trademark Infringement. They also had probably invested a lot of money in the shop-front, signage, menus, business registration, etc.

Our Take: Before you outlay finance to roll out a brand, signage and develop goodwill, we recommend a Trademark Attorney conducts a Trademark Search and provides an infringement opinion or clearance so you know if there are issues or not, ahead of time. Don’t pour substantial amounts in legal costs and brand re-deployment to see it wasted.

You can have these checks done by filling out our online trademark form:
https://trademarkservices.com.au/information-packs/

Further details about this decision can be found here:
https://www.wired.com/2008/11/godzilla-terror/

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