GOING 'NUCKIN FUTS' OVER TRADE NAME

Written on the 17 February 2012

GOING 'NUCKIN FUTS' OVER TRADE NAME

JAMIE White (pictured) says he doesn’t use the f-word often, if at all, but nevertheless spent almost a year on a successful fight to allow a nut company to trademark a spoonerism featuring the word.

The Gold Coast solicitor and director of Pod Legal successfully argued that his client should be able to register the brand Nuckin Futs.

White applied on behalf of the Gold Coast company which wanted to use the name to market beer nuts to be sold at pubs and clubs, but was first rejected by IP Australia back in February 2011 and again in June. It was rejected on the grounds it was a scandalous and offensive spoonerism.

White disagreed and wrote letters to the examiner on behalf of the company to plead the case, saying the word f**k was a normal part of Australian discourse.

The office took into account the owners of Nuckin Futs had no intention to sell the products outside of pubs and finally allowed the trademark to be added to the register on the condition it was not marketed to children.

White says the judgement sets a precedent and shows Australians are becoming less offended by swear words.

“I am not a fan of the word and I don’t use it, but I am certainly not offended by it,” he says.

“It shows the use of that type of word is becoming more accepted in Australia than it was in the past and there are far more offensive terms out there than this one.

“We expect that this decision and the anticipated registration of the Nuckin Futs trade mark will be useful in providing some guidance in relation to the registrability of scandalous trademarks.”

White’s success caused a storm of interest from both national and international media, securing the type of advertising for Nuckin Futs that can’t be bought.

“The response has been huge, my phone hasn’t stopped ringing; I never expected this type of response and it is all because of the f-word, which is unbelievable,” says White.

The brand is a household name before it has hit the shelves, but Griffith University Marketing expert Dr Marie-Louise Fry wonders whether it can stand the test of time.

“Obviously, they are very serious about it, because they have spent a year fighting to get the brand registered,” she says.

“I have my doubts about the longevity, because good brands are usually easy to say. Sure, this has a novelty value, but you have to spend too long getting your tongue around the words and making sure you don’t swear.

“You can have fun saying the name, but how long will that last? Will that wear off over time? There will be brand recognition there, but will people actually be able to say the name? I think it is risky.”


Latest News

THE 2017 MELBOURNE TOP 50 COMPANIES REVEALED: NUMBERS 50 TO 41

THIS WEEK Business News Australia will reveal the 2017 Melbourne Top 50 Companies, featuring all the movers and sh...

FORMER MFS EXECUTIVES HIT WITH DISQUALIFICATIONS AND MASSIVE FINES FOR MISAPPROPRIATING FUNDS

FIVE key players involved in an investment company that collapsed in 2008 owing $2.5 billion have been ordered to ...

SURFSTITCH BATTLING FOR SURVIVAL

QUEENSLAND based online retailer SurfStitch Group has gone into a voluntary trading halt for three months after it wa...

STARTUP SUCCESS BOILS DOWN TO PERSONALITY, SAYS EXPERT

THOSE who own startups will know that there are many essential qualities of a good entrepreneur; their tenacity, fina...

Related News

STARTUP SUCCESS BOILS DOWN TO PERSONALITY, SAYS EXPERT

THOSE who own startups will know that there are many essential qualities of a good entrepreneur; their tenacity, fina...

SLATER AND GORDON TAKES SPOTLESS TO COURT

SPOTLESS Group (ASX: SPO) has been hit by a class action launched by Slater and Gordon (ASX: SGH) in the Federal C...

TOPSHOP GOES INTO ADMINISTRATION AMID VOLATILE RETAIL MARKET

TOPSHOP has become the latest in a string of retailers blasted by the volatile retail market, as the iconic fashio...

SIGMA'S SHARE PRICE TAKES A BATTERING AS IT LAUNCHES LEGAL ACTION OVER SUPPLY DEAL

SIGMA Healthcare (ASX: SIG) has taken the MyChemist and Chemist Warehouse chains to court to demand they continue to ...

BOOK YOUR FUNCTION SPACE HERE

 

 

 

Contact us

Email News Update Sign Up Contact Details
Subscriptions

PO Box 2087
Brisbane QLD 4001

LoginTell a FriendSign Up to Newsletter