High profile restauranteur Leo Molloy failed in attempts to use trademark law’s ‘use it or lose it’ rules in a backdoor attempt to prise the Fokker Brothers trademark from estranged spouse Ingrid after she refused to sell.
The two separated in 2014 after a fourteen year marriage. Their Fokker Brothers brand was used to promote pizza. Menus offered big Fokkers, little Fokkers and Mother Fokkers, amongst others. Fokker Brothers Ltd held trademark rights to the brand. Ingrid controlled the company as sole shareholder.
The High Court was told Leo helped his sister Julie Christie set up a new company after the split: Fokker Brothers Inc Ltd. This new company applied for registration of the Fokker Brothers brand, saying brand use by Leo’s estranged wife’s company had lapsed. Trademark law causes a brand to lapse if not used in commercial operations for a period of three years.
The High Court ruled there were special circumstances keeping original registration alive. Ongoing commercial operation by Ingrid’s Fokker Brothers Ltd was seriously hampered by their relationship breakdown, Justice Palmer said. The court was told Ingrid was suffering financially. Attempts by an estranged spouse to develop the same trademark through a competing business amounted to special circumstances outside the control of Ingrid’s Fokker Brothers Ltd allowing that company to retain rights to the trademark, he ruled.
Evidence was given that Ingrid is looking to see Fokker Brothers Ltd and the brand valued as part of a relationship property settlement. She had previously refused to separately sell the trademark to Leo’s sister.
Fokker Brothers Inc Ltd v. Fokker Brothers Ltd – High Court (11.05.20)
20.077