Apple and Pear Australia Ltd (APAL) owns and manages the Pink Lady® brand in numerous territories, worldwide, and invests in the marketing and development of the Pink Lady brand, internationally.

The case was heard in the Court of Appeal of the Supreme Court of Victoria and was about the ownership, licensing and usage of the Pink Lady brand on Chilean-grown apples exported to North America and elsewhere. Chile is a major grower of apples and North America is a major importer.

“The Court of Appeal has held and ordered that Pink Lady America has no right to use the Pink Lady trademarks registered in Chile,” says APAL’s Intellectual Property Manager, Garry Langford.  “We are pleased that the judgment has confirmed APAL’s rights in Chile relating to the trademarks as this will be of benefit to all growers in Chile who export under licence from APAL.”

The judgment confirms that APAL can continue to license the Pink Lady trademarks in Chile on Chilean-grown apples that meet Pink Lady brand quality standards. Pink Lady trademarks in Chile include a range of logos such as the Pink Lady flowing heart logo.

APAL defends the Pink Lady brand and its trademarks worldwide to help ensure that customers who choose Pink Lady apples get only the best quality fruit and not counterfeit or sub-standard fruit. It also provides revenue to support projects run for the benefit of Australian apple growers that APAL manages.