Pink Lady America has lost its final bid to secure ownership of the Pink Lady™ trade marks in Chile, with APAL being named as the rightful owner.
Following a comprehensive decision by the High Court of Australia, Pink Lady America’s application for leave to appeal to the High Court was dismissed on 5 April 2017. This application for leave to appeal was Pink Lady America’s final opportunity to overturn the Court of Appeal of the Supreme Court of Victoria decision, made in November 2016, which found in favour of APAL. The Court of Appeal ordered that, among other things, Pink Lady America has no right to use the Pink Lady trade marks in Chile.
Following the decision by the Court of Appeal, Pink Lady America lodged an application for special leave to appeal the decision to the High Court of Australia. Pink Lady America also requested a stay of execution of the orders granted by the Court of Appeal to allow it to continue licensing exporters in Chile until the High Court application was determined. In February, APAL opposed the stay application in the Court of Appeal and the stay application by Pink Lady America was dismissed.
“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 explains.
As a consequence, all use of the Pink Lady trade marks in Chile on Chilean-grown apples must be licensed by APAL, including where apples are exported from Chile. The licences will only permit the Pink lady trade mark to be used on apples that meet international Pink lady brand quality standards. If an exporter wishes to use the Pink Lady trade marks in association with exports from Chile to the United States or Mexico, then an additional import licence will need to be obtained from the relevant rights’ holder in those countries – which is a matter to be negotiated between the exporter and Pink Lady America or Brandt’s Fruit Trees Inc.
“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,” Phil said.
Pink Lady brand licensing in Chile, November 2016
Pink Lady America’s stay application dismissed, February 2017
Richelle Zealley, Communications and Events Officer, APAL: firstname.lastname@example.org | 0438 364 728