IP Australia rules in AussieMite’s favour, Dick Smith must withdraw OzEmite
IP Australia has ruled that Dick Smith must withdraw his OzEmite product following a trademark battle with AussieMite owner Roger Ramsey.
In December last year Ramsey and daughter Elise sought to have the OzEmite brand struck off the trademarks register, with Smith refusing to fight or appear in court, telling Mumbrella at the time “We’re not even going to the case today, I’m not going to spend one cent on lawyers. If they settle on striking it out, we’ll just come up with a new name”.
On IP Australia’s decision Ramsey said: “After years of confusion, I am delighted that the trademark umpire has ruled that the name AussieMite is ours and that Dick Smith must pull his copycat, same sounding product off the shelves.
“We’re the only AussieMite that can be legally sold in Australia following this decision by IP Australia. No more confusion.”
Smith was not available for comment at the time of publication.
The OzEmite trademark was registered in October 1999 while AussieMite was registered in May 2001. However, Smith didn’t launch his OzEmite product until 2012.
“We’re a small Australian-owned family company with a big heart, a healthy great tasting product – and now, the backing of IP Australia,” said Ramsey.
“This decision by the trademark umpire means we can direct our energy into offering AussieMite to the mums, dads and kids of Australia as a truly Australian, tasty and healthy choice.
“With the continued loyal support of fellow Australians, we hope AussieMite will replace US-owned Kraft’s Vegemite as the Aussie staple in 9 out of 10 households with our
healthy and delicious spread that keeps jobs and profits here for future generations.”
Ramsey says when he approached IP Australia to remove OzEmite from its register in 2011 the brand was owned by a company called Dick Smith Investments which was changed when Smith re-structured his company to create an ‘OzEmate’ charitable foundation.
“Mr Smith is to be admired for his charitable work – but he’ll just have to support it with a product name that’s not ours,” said Ramsey.
Miranda Ward worked for Mumbrella from 2013 to 2017, eventually becoming deputy editor. Miranda joined Mumbrella in September 2013 from Sky News.
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Pity.
AussieMite is an inferior product.
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Okay so now even a trademark isn’t safe? To be honest, who cares if Ozemite wasn’t released until after the other product… the name was registered beforehand and that should count for something!
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Have never heard of AussieMite.
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Meanwhile, same-sounding “Marmite” seems to be called “Our Mate”. And “Vegemite” isn’t the quintessence of Australian food culture I was led to believe it was by the travelling ambassadors who enticed me here. What’s a Pom to do? Whinging doesn’t seem to be an option.
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David Barrett – if you’re truly a Pom – you’d know that “My Mate Marmite” is the slogan that Marmite has been running for years! And that’s why it’s called out on the packaging.
Now… about them Ashes …
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Disappointed: trade marks need renewing every ten years. I’m assuming Dick didn’t.
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John Sharples – indeed and I agree “My Mate Marmite” is very good. The Australian packaging – at least the jar my daughter and I get through every two weeks (mum’s an Aussie) – is branded “Our Mate” without any mention of “Marmite”, which I didn’t find so much confusing as mildly interesting. But we are stealing the thunder of the truly local challenger brands. So I am going to shut up and go make myself a yeast extract sandwich and a cup of PG Tips – do you know The Piano’s On My Foot? What’s more, when our current jar runs out, I am going to buy all of the brands and we’re going to do double-blind testing. After that we are going to get out more. And perhaps if the England team had yeast extract on that infamous menu …
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That is truley disappointing… who cares if Dick Smith didn’t use it till later – 1999 is clearly a long time before the other product came anywhere close… really admire what Dick Smith does with his Aussie Brands and it stinks that someone else can get away with that and even release a press release suggesting Dick copied them!… Unbelievable… well there is a product never ever to purchased…
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Agreed Fitz… not that i’d ever heard of the other one before this.
Oze isn’t due for renewal till 2019 so had been renewed.
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OzEmite registered earlier than AussieMite, yet still lost the case? Something seriously wrong there. The decision by IPAustralia opens a pandora’s box where people registering similar sounding trademark names later can close down an earlier mark.
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Vegemite (Kraft) owns 80% of the Australian market and profits go offshore. Ozemite and AussieMite are 2% and Mr Ramsey is fighting with a product where all profits go to charity. That is un-Australian.
I will never, ever buy Mr Ramsey’s product and it is a pretty hollow victory.
Let’s get behind Dick Smith’s relaunch and not mention Roger Ramsey’s brand because that is what he wants – publicity.
Shame on Roger Ramsey. You should be fighting for market share with Kraft.
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I agree, that’s a disappointing result. Roger Ramsey’s loving this publicity I bet because I had never heard of his product before. Dick Smith does great work and he registered the name first. I’m glad he didn’t spend a cent on lawyers, not worth it. Dick shouldn’t have been targeted. I’m sure Aussies will continue to support Dick.
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What was missing from this article is that you must use the trademark within 5 yerars of registering. Dick took too long to launch his product.
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No sugar is mentioned on the label on each jar of Unilever’s UK-made Our Mate, which I believe is exactly the same recipe as the UK Marmite but packaged for the Australasian market, whereas sugar _is_ mentioned on the label on each jar of OzeMite and each jar of Vegemite and each jar of Sanitarium’s Marmite.
Spread the word: Dick has patently been done an injustice, but if he rebrands his spread then he might as well do without the sugar.
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I do love the taste of Dick……………………………………………………..’s version of black yeast extract. I also like the fact that his profits go to charity v Kraft who would buy all freshwater sources and make us pay large amounts for ‘Auswater’ so we could drink…
Go Dick! Perhaps a nice campaign to get Australian’s to think up a new name for you?
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Says Touchy Feely, #15: “Go Dick! Perhaps a nice campaign to get [Australians] to think up a new name for you?”
SmithyMite?
I make that suggestion for Dick’s rebranded spread while recognising the earlier iconic ownership of the nickname Smithy by Charles Kingsford Smith.
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Get onto promite….delicious
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Dick does it again and saves another Aussie company from unnecessary legal costs. Mr Ramsay would do well to ask Dick if they could combine their efforts against a mutual foreign take over of Australian manufacturing.
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I find it funny the number of people who genuinely believe Smiths charitable organisation is just that. Most not-for-profit organisations in Australia are about tax evasions for the people who establish them. I’m absolutely certain Smith draws a sizeable wage from his work within his “charitable” organisation. Good on you Aussiemate! If anything Smith should try sueing IP Australia for approving the other trademark.
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Mmm remind me of something, Dick started Dici Smiths importing products from overseas ? Made his millions and sold the business to overseas.
It’s grew t talk about non profit ogre or that profits of sale are donated, however do you really know the numbers here ? He’s to talk about donations, which are of course tax deducts or to the rest if the company prior yo making judgement
Of course a brand is a brand and decisions re trading will always relate to not jus when the brand or trademark commenced however whether it was a going concern, best to get all the facts first
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This Australian won’t buy AussieMite ever, I don’t care what it’s called! I’ll be buying DickyMite instead…… How ridiculous, register your trademark in 1999 and still lose to the trademark registered AFTER Ozemite. And they call that a “fair go”, wake up IP Australia.
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sorry ozzys but nothing beats “MARMITE” …original… just saying!!
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@Rob (comment 19)
Dick is entitled to draw a decent salary. He is donating millions to charities. Would you prefer him to invest his time and money into mining projects and not do any philanthropy whatsoever? What an ignorant comment to make?
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I think this sucks ,I have never seen this product and if I do I will not be buying . This is all over the supermarkets are just trying to get rid of Dick Smith.
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And Rob, this thread is really about Ozemite, your thoughts on whether the ruling was justified, was Ozemite a going concern at the time. I agree Philanthropy is to be given the respect it deserves, however true Philanthropy is silent, political or power play philanthropy is a way of forcing ones beliefs on others ? And is of course a tax deductible method of marketing this
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Been enjoying Ozemite and will continue to do so, whatever the name. No way would I buy the product of someone so low as to sue for such a petty reason.
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Ahhh Rob, found this link for you, funny I never knew this was the case, it was merely my thoughts of the pattern of events with DS, someone else saying he is feathering his nest http://www.crikey.com.au/2012/.....hansonism/
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Even better, put quite simply, there to stop people / companies from registering brands etc without cause, let’s support Aussiemite a true small Aussie business trying to make good, I must say DS fight really opposes the reputation he is trying to build up by telling us to support Local business, read for yourself, going concern – http://www.smartcompany.com.au.....mites.html
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Maybe he is feathering his own nest… using questionable A Current Affairs Cash giveaway style cringeworthy publicity stunts… minimising his tax… but if you care to look, it is a very impressive list of donations to charities big and small – who I am sure are all very very appreciative of the donation from Dick… And as a consumer – I need some of his crass marketing tools to cut through all the supermarket marketing and look on the bottom shelf or that hidden corner to find his products… Good luck to him – I still think he’s doing a great job.
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I have never heard of Aussiemite. However, I certainly will NEVER buy ANY product made by Ramsey after this. Who cares about the names sounding the same. They are two different products and consumers don’t buy products for their name, they buy based on quality. I will continue to buy Dick Smith’s Ozemite because:
1} it is a great product,
2} it is made by a great Australian who is all about supporting Australian producers
3} it is made with Australian products
4} It gives Australians jobs
5 All the profits are pumped into charity
Dick Smith is the truest of true blue Aussies. Let’s all be true blue and get behind him and buy all his products; They are all fantastic!.
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Geez, there’s a lot of bitter and twisted people in the world of advertising. Talk about tall poppy syndrome.
To the people saying Dick extracts a fat salary from his charitable foundation – no he’s not. Last I heard he wasn’t drawing a zac. He doesn’t need it – he invested his money very wisely, mainly in property. And he’s always been a philanthropist, even in the DSE days. He just didn’t make a song and dance about it and in fact was quite upset that some of his donations made the media.
To the one really informed character who said he made his fortune importing products from overseas then sold his company to overseas – not true either. He had a firm policy of buying local products if such products existed and weren’t massively more expensive (which meant Australians would pay more); when he sold DSE he sold it to Woolworths. An Australian company. If you want to criticise, get your facts straight first.
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Says Taina (#22): “[. . .] nothing beats Marmite [. . .].”
I assume that you mean Unilever’s UK product, whose recipe is identical to Unilever’s Our Mate that’s sold in Australasia on account of the Kiwi spread that Sanitarium is mysteriously permitted to call “Marmite”.
In my book Unilever’s Marmite and Our Mate are superior to all other brown yeast spreads that have come to my attention if for no other reason than their stated exclusion, if we can believe their labels, of any kind of sugar.
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In the absence of a self-editing facility in this website’s discussion forums, here’s my acknowledgement that my comment #14 misspells the name of Dick Smith’s OzEmite by capping not the third letter but the fourth.
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I agree with @Concerned. Extremely risky ruling by IP Australia not to mention totally wrong. If Dick registered it first, it’s Dick’s trademark. SIMPLES.
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Sanitarium has been making Marmite in New Zealand since the 1920s.
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“It is also worth noting that OZMITE (without an “e”) and AussieMite were registered in 1999 and 1982 respectively. IP records support this statement.”
– Roger Ramsey Press release from 2012
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The injustice that has so patently been done to Dick Smith’s OzEmite means that I wouldn’t touch its copycat homophone with a ten-foot butter-knife.
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