A Kiwi businessman is preparing to lodge legal action against McDonald's over the trademark of Georgie Pie.North Shore baker Martin Gummer said that he would apply to the Intellectual Property Office of New Zealand to have all associated trademarks of Georgie Pie that are owned by McDonald's revoked.
"They're wide open to legal challenge," he said. "We have reason to believe our action will be well founded."
The move comes after McDonald's New Zealand confirmed to The Dominion Post this week that it was researching ways to use the Georgie Pie trademark.
Mr Gummer said his company, Bakers Harvest, had put a proposal to McDonald's to pay a licensing fee and royalties "in good faith". However, the company "just stalled and fobbed us off.
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"We feel we've tried to do the reasonable thing but they don't seem to have any interest."
An Economic Development Ministry spokeswoman confirmed an application to revoke a trademark due to non-use could be made to Iponz for trademarks that had not been used for a period of three years.
Mr Gummer said a survey of 200 existing supplied outlets revealed that 60 per cent of his customers would be interested in stocking and selling Georgie Pie products. A second step would be to look at opening some form of Georgie Pie outlet.
McDonald's New Zealand managing director Mark Hawthorne said the company had owned the Georgie Pie trademarks since 1996, and had renewed them regularly over the years.
"We're comfortable that, from a legal perspective, our trademarks are secure," he said.
"We have been watching the renewed interest in Georgie Pie, and have had a number of people approach us around getting involved."
The company was researching whether Georgie Pie was "still relevant for today's tastes".
Nearly 70 per cent of readers who voted in a Dompost.co.nz poll yesterday wanted McDonald's to revive Georgie Pie.
The pies first appeared in 1977 and the business grew rapidly. However, 1300 people lost their jobs when more than 30 outlets were closed in 1996.
Article source: Stuff.Co.Nz (by GREER McDONALD - The Dominion Post)
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1 comment:
I am a little concerned that now someone else has done all the hard work, McDonalds will reap the rewards. I think that is unfair as now there is so much public interest, they will give us what we want only to make them money. I would put money on them not being true to the brand also. Give up the brand McD's and let us revive something that should never have been shelved in the first place!
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