The Federal Court has ruled against Seven in its trademark battle against 7-Eleven over the use of the logo and phrase 7NOW.
The ruling now paves the way for the convenience store giant to register the trademark 7NOW in Australia and launch its food and alcohol delivery and pickup service of the same name, which has already been launched in other countries, Down Under.
Justice Tom Thawley said in his findings that redirection was not trademark use, as reported by The Guardian.
“The 7NOW mark did not appear on the 7PLUS website. At no time was a user taken to a 7NOW website. If anything, the user would assume that the 7NOW mark was not in use at all,” he wrote.
The network argued that 7-Eleven logo bore a similar likeness to branding and might cause confusion, but Thawley said: “The use of 7NOW by another entity in connection with retailing services is unlikely to cause confusion or damage Seven’s private interests.”
“It can be accepted that if the 7NOW mark were used in the context of broadcasting services, then a consumer would assume a connection with Seven,” he said.
“If a consumer saw the 7NOW mark in connection with the sale of food or goods typically found in convenience stores, I do not think any confusion would arise,” he added.
The convenience store chain also argued that the network should not be able to “monopolise all 7-formative marks for wide-ranging goods and services, including services outside its core broadcasting services,” as reported by The Sydney Morning Herald.