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Will Jennifer Hawkins' cozi come off?
Posted: 07/10/2009
Despite her seemingly charmed life, former Miss Universe, Jennifer Hawkins, is not impervious to the occasional legal hurdle.
In August this year, Ms Hawkins launched a range of swimwear under the label “COZI by jennifer hawkins” with the intent that the range would be stocked throughout Myer stores. Ms Hawkins' company, Universal Strategies Pty Ltd, applied to have the brand registered as a trademark in June 2008. However, the application has been opposed by Mr Kevin Stapley, owner of the mens’ retro swimwear brand “Caussie” (and, since January 2007, registered owner of the trademark of the same name).
Mr Stapley has opposed Universal Strategies’ application on the basis that the names, “Cozi” and “Caussi”, are deceptively similar. Lawyers for Ms Hawkins have since submitted evidence in reply to Mr Stapley’s opposition and Mr Stapley has until the end of November 2009 to file further evidence. The dispute is scheduled for a hearing in early 2010.
Given the substantial investment that Ms Hawkins and Myer have made in respect of “Cozi”, there is little doubt that this lycra stoush will be firecely contested. We will monitor the dispute with interest and keep our clients informed of the outcome.
If you require advice in respect of a trademark (yours or someone else’s) please contact us.
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