Augusta National Inc v Dennis Roy [2018] ATMO
199
In this matter, Augusta National Inc
opposed a trade mark application by Dennis Roy for the below logo
trade mark.
The application covers the provision
of information about a range of topics, including sports.
The opponent operates The Masters golf
tournament and it led evidence of the reputation that it holds in
'The Masters', including in Australia where the annual
tournament is screened live on Australian television, and has been
since the 1980s.
For its evidence, the applicant
detailed its use of the trade mark since March 1990, in connection
with its own golf tournament.
The Hearing Officer noted the
placement of the golfer within the applicant's trade mark
served to emphasise 'The Masters' as a separate element, as
well as the green colour, which is the colour adopted by the
opponent for the jacket given to the winner of its golf
tournament.
