Australian High Court dismisses Pink Lady America’s Chilean trademark appeal -

Australian High Court dismisses Pink Lady America’s Chilean trademark appeal

The High Court of Australia has delivered a final blow to Pink Lady America's hopes of securing the rights to the apple brand in Chile, dismissing the company's final opportunity to appeal. 

In November last year the Supreme Court of Victoria ordered that Pink Lady America had no right to use the Pink Lady trademark in the South American country, and in response the U.S. entity requested a stay on the decision and leave for appeal.

In February the stay application was dismissed, and on April 5 the appeal request had the same fate. 

As a result, all use of the Pink Lady trademarks in Chile on Chilean-grown apples must be licensed by Apple & Pear Australia Limited (APAL), including fruit that is exported from Chile.

The licenses will only permit the Pink lady trademark to be used on apples that meet international Pink lady brand quality standards.

In a release, APAL said if an exporter wished to use the trademark in association with exports from Chile to the U.S. or Mexico, an additional import license would be needed from the relevant rights' holder in those countries; this is a matter that would warrant negotiation between the exporter and Pink Lady America or Brandt's Fruit Trees Inc.

"The High Court has considered Pink Lady America’s appeal application which means that the Court of Appeal’s initial decision stands and Pink Lady America cannot appeal this decision further,” APAL CEO Phil Turnbull said in a release.

"This is a great outcome for APAL’s Pink Lady business and all our stakeholders. It’s important to acknowledge the hard work, dedication and advice we’ve received from so many individuals on this matter.

"I’d also like to recognise and thank Garry Langford and Rebekah Jacobs for the great work and tireless hours they have each dedicated to the case over many years."