Dick Smith says OzEmite-AussieMite trademark battle a case of IP Australia “being manipulated”
Dick Smith’s Vegemite alternative OzEmite could disappear from supermarket shelves as the result of a legal battle which Smith claims is an example of IP Australia “being manipulated”, and has refused to fight.
Smith told Mumbrella the case of Aussie Mite owners Roger Ramsey and daughter Elise seeking to have the OzEmite brand struck off the trademarks register is essentially “someone trying to steal the trademark of somebody else, and they’re probably going to get away with it.”
The OzEmite trademark was registered in October 1999 while AussieMite was registered in May 2001. Smith makes a range of Australian-grown food, which he tried to promote in a “banned” Australia Day ad earlier this year.
“He’s taking us to see if he can remove the OzEmite trademark because he said we didn’t use it for a three year period,” Smith adding he is refusing to appear to defend the claim to avoid spending funds destined for the charities the product donates to.
“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,” he said.
“If we pay money to lawyers and solicitors it’s less going to charity,” he added.
AussieMite was embroiled in controversy earlier this year following an ad which showed Catholic worshippers dipping sacramental wafers into the spread.
Smith also received complaints from consumers who believed the ad was for his product OzEmite.
“I got complaints because I’d attacked their religion,” he said. “But it had nothing to do with me.”
Smith said he welcomes the competition from AussieMite, telling Mumbrella there is room for both products in the market.
“I’m not objecting to the fact that he stole our name, or something very similar, and I think we should be able to continue selling our product,” he said.
“I won’t be there today. I understand he’s going to have his barrister and everything there so it’ll be his barrister against nobody, just our letter.”
Miranda Ward
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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Perhaps Mr.Smith should consider whether his obvious yellow and red label could be seen as ‘passing off’ Vegemite.
New name and new label sound like a good idea, otherwise, what exactly is his USP?
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Aussie Mite and OzEmite can co-exist on supermarket shelves quite happily as 2 Aussie products in the fight against the foreign owned Vegemite.
If Roger Ramsay pushes his point he may want to consider the backlash from the Australian shopper buying MORE Vegemite and LESS AussieMite as a penalty for his stupidity in taking on Dick Smith Foods, whose profit goes to charity, not into Dick Smith’s pocket. The market for this category of product is only so big. One more jar of the FOREIGN competitor’s product is one sale less of the AUSTRALIAN. As an OzEmite buyer, because of Dick’s charity philosophy, I will not buy AussieMite as an alternative if Dick’s product disappears, because I fail to see the benefit to Australia of this court case.
BAND TOGETHER,BOYS. STAND UNITED AS A SHOW OF STRENGTH!
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Is it just me, or is anyone else sick and tired of Dick’s ‘whoah-to-me’ routine?
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Hi @Australia’s Greatest Whinger. I believe the expression is ‘Woe Is Me”. You may also want to register your name?
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Well I will always buy Aussiemite, because it doesnt taste like crap!
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Shite-Mite
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Hi Mumbrella,
Please see our media statement regarding Dick Smith’s comments this week.
We would appreciate a right of reply. Many thanks.
AussieMite is a small family business.
AussieMite is proudly Australian owned and made.
AussieMite was founded by fellow Australian Roger Ramsey who wanted to see more quality products on Australian shelves, putting back into our local community and economy.
AussieMite, as a spread, was first conceived in 1998.
In May 1999, Mike Thomas and Roger Ramsey approached Glen Ewin Foods, which was over a month prior to Dick Smith making public his intentions in July 1999. Dick Smith approached Glen Ewin Foods after Mike Thomas and Roger Ramsey.
In 2003, Dick Smith made an application to stop Roger Ramsey’s AussieMite trade mark from being registered. A hearing was held with the TradeMarks Office in 2005. In attendance was Ms Julie Baird, legal counsel acting for Dick Smith, Roger Ramsey representing himself and hearing officer Mr Terry Williams.
In 2006 a decision was made by IP Australia to allow the trademark AussieMite to proceed to registration.
Under Australian law, you do not need to have a registered trade mark, providing that it does not conflict with any other brands or products in the market.
Ozemite was launched in 2012 by Dick Smith Investments, a multimillion-dollar business.
Since his launch and despite our growth, it has been catastrophic for our brand and business.
In August 2013, Dick Smith Investments Pty Ltd transferred the ownership of his Ozemite trade mark to Ozemate Pty Ltd acting as Trustee for the Dick Smith Foods Foundation.
Ozemite is made by our original manufacturers and contains similar gluten-free ingredients, only with almost three times the sugar, hence why we do not want any association or confusion with our brand.
AussieMite is made from premium non-GM Australian corn. Our signature family recipe has been refined to deliver a smooth velvet texture and rich mellow taste.
AussieMite is rich in Vitamin B12, rich in Folate, gluten-free and vegan.
Dick Smith is pre-empting a decision which will not be available for up to three months.
If you require further information in relation to this matter, please visit:
http://www.eatdrink.com.au/201.....ick-smith/
We wish fellow Australian business Dick Smith Investments and the Dick Smith Foods Foundation the very best.
AussieMite is available Australia wide in Coles, Woolworths, Independent retailers and specialty stores.
Thank you for your support and our apologies for any confusion in relation to this matter.
Our best wishes to you and your family. We hope you continue to enjoy our delicious spread.
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We certainly hope to once we find out where to get it from. Will Coles restock it or does someone else have it? Thanks we knew nothing of any of these two hiccups and wondered why it disappeared from our Coles store.
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