Following the successful appeal of APAL’s case with Pink Lady America, the Court of Appeal has opposed Pink Lady America’s stay application, APAL’s Commercial Division Manager Garry Langford explains what this means for Chilean exporters moving forward.
In November 2016 Apple and Pear Australia Ltd (APAL) successfully appealed its case with Pink Lady America regarding the supply of Chilean-grown apples traded under the brand name Pink Lady® to North America.
The judgment confirmed APAL’s rights to the Pink Lady trademarks in Chile allowing APAL to continue to license the trademarks on Chilean-grown apples that meet Pink Lady brand quality standards.
Following the appeal, Pink Lady America lodged an application for special leave to appeal to the High Court of Australia. Pink Lady America also requested a stay of execution of the orders granted by the Court of Appeal with the effect that it would allow them to continue licensing exporters in Chile until the High Court application was determined.
APAL opposed Pink Lady America’s stay application, and the matter was heard on 6 February 2017 in the Court of Appeal of the Supreme Court of Victoria. The Court of Appeal dismissed Pink Lady America’s stay application.
APAL plans to issue the Chilean export licence for the 2017 season in the same format as the export licences issued in other southern hemisphere territories. The licence grants exporters the right to ship Pink Lady branded product to over 100 territories where APAL has rights to the Pink Lady brand. For territories in which APAL does not own the Pink Lady brand – such as the USA and Mexico – exporters must first liaise with the brand owner in those territories to ensure the shipment is authorised for import.
APAL, through its Master Licensees, grants annual export and import licences to approved companies to use the Pink Lady brand. Application forms for the 2017 export licence are currently being distributed to production territories.
Australian companies who wish to export Pink Lady branded apples may contact Pink Lady Australia to request an application form.
For more information:
Hall & Wilcox article summarising the appeal – 2 Dec 2016
Richelle Zealley, Communications Officer, APAL: firstname.lastname@example.org | 0438 364 728