News has now reached this Kat that Mr Whippy has commenced legal action celebrity chef and Australian Masterchef judge George Calombaris, alleging that the latter has infringed the company’s trade marks.
This change wasn't enough for Mr Whippy, since the company has now commenced trade mark infringement proceedings before the Federal Magistrates Court, seeking an injunction and damages. Stan Gordon, on behalf of Mr Whippy reportedly stated that it was ‘time to take a stand’: ‘We plan to enforce our rights. This is Australia and I need to protect my brand’.
In comparison Mr Calombaris does not seem too concerned, he tweeted: ‘my solicitor said that I look good in a wig and gown which is good as I am always prepared to fight for my integrity’ [that's 116 characters, well within Tweet limits] and ‘Next time you're at @StKatsKew try our soft serve ice cream, you'll enjoy it.’
The IPKat notes Mr Whippy's registration for "services relating to procuring and retailing of iced confections, ice cream and drinks for consumption" in Class 42 and wonders how well this already covers the ancillary sale of ice cream products in restaurants which, presumably, focus mainly on the sale of savoury main courses.
Merpel, noting Calombaris's cool attitude, doubts that there will be much of a meltdown before hearing in the Federal Magistrates Court.