Lookalike case settled

The owners of discount franchise giant Chemist Warehouse have lost out on their bid to stop another pharmacy from using a series of trademarks which they claimed was similar to their own.

The Australian Trade Marks Office dismissed the opposition of CWH’s Jack Gance and Mario Verocchi to the registration of three trade mark applications by Ian Tauman on behalf of Direct Chemist Outlet discount chemists.

The CWH owners based their opposition on two grounds: that the trademarks were “similar to a trade mark which had acquired a reputation in Australia”(section 60 of the Trade Marks Act 1995