An Australian retailer’s Ghost Rider clothing brand has gone down in flames.
The Courier Mail reports the Australian Trade Marks Office has rejected an application by Brisbane clothing-store owner Gary Charles to register the words “Ghost Rider” following opposition by Marvel.
Charles had first applied to register the trademark in 2009 and, following a threat of legal action by the company, decided to pursue his case. “I thought why should I let them push me around,” he told the newspaper. “But if I’d known the trouble it would be I would have dropped the trademark.”
Solicitor Fiona Brittain, who represented Marvel Characters Inc., argued Charles’ application was made in bad faith, and that he’d previously attempted to register such marks as Red Bull and Army of One. An investigation by her firm allegedly uncovered counterfeit clothing in his store, “including Spider-Man and Marvel Superheroes branded garments.”
The hearing officer was persuaded by the evidence, ruling: “The evidence which the Opponent has provided in respect of the Applicant’s other trade mark applications and registrations, in conjunction with the evidence of the clothing brands available for sale in the Applicant’s shop, is sufficient for me to be satisfied that this application is an example of the Applicant’s standard pattern of behaviour, a pattern which leaves much to be desired as far as commercial fair dealing is concerned.”
Now Charles is left with Ghost Rider-branded denim shorts that, according to the newspaper, he was still trying to “offload” last week. If that’s the case, he should probably expect another letter from Marvel …
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