In a real life David and Goliath story, an Adelaide business man
has won a legal battle against one of Australia's most revered
businessmen and philanthropists, Dick Smith.
Richard Ramsay, the owner of the product and trademark known as
'AussieMite' became involved in trade mark litigation with
one of Dick Smith's entities which owns 'OzeMite'. Some
proceeds from the sale of the OzeMite products are donated to
charities.
The OzeMite trademark application was lodged in October 1999,
approved in 2003 and the product bearing the trademark as launched
in 2012 whereas the AussieMite mark application was lodged in 2001
and approved in 2006.
Mr Ramsay commenced proceedings against Dick Smith in 2011 to
ensure that consumers did not get confused between the two marks.
Mr Smith's OzeMite product was in fact launched nine years
after the 'OzeMite' trademark had been approved and after
Mr Ramsey's application was filed.
