IP Australia rules in AussieMite’s favour, Dick Smith must withdraw OzEmite

aussiemiteIP 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.

ozemiteThe 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.


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