Protecting brands

Trade mark applications for Jennifer Hawkins‘ swimwear brand have been opposed by local label Caussie.

Caussie sells men’s swimwear primarily on ebay.

While it looks like a David and Goliath battle, with Jennifer’s products being backed by retail giant Myer, it will probably all come down to whether Caussie and Cozi by Jennifer Hawkins are too similar.

Caussie looks like it was a play on Australian slang Cozzie, meaning swimwear, as well as the word Aussie.

While Cozi by itself would normally have been a purer and better trade mark, in this case the addition of the words ‘by Jennifer Hawkins’ will help Jennifer’s camp argue that the similarity is insubstantial.