Simpsons represented Dick Smith in a Federal Court appeal of the decision by the Registrar of Trade Marks to remove the trade mark “OZEMITE” from the register. On Friday 12 August, Her Honour Justice Katzmann allowed the appeal with costs.
Her Honour was satisfied that Dick Smith had used the trade mark OZEMITE in Australia during the relevant non-use period and, in any event, would exercise her discretion in allowing the mark to remain on the register.
The decision is the latest in a long-running dispute between the owners of OZEMITE and AUSSIEMITE.
There is a 14 day appeal period.
A copy of the judgement is available here Dick Smith Investments v Ramsey  FCA 939.
Dick Smith was represented by Adam Simpson and Clare Young with Richard Cobden SC and Patrick Flynn.