Crocmedia’s attempt to bar a Melbourne soccer internet radio station from using the term ‘football’ has proven unsuccessful.
Crocmedia had argued to prevent “Football Nation Radio” from being registered as a trademark, citing that there might be confusion with its “AFL Nation” network, according to a report in The Sydney Morning Herald.
This argument suggested a listener would not be able to discern between “AFL Nation” and “Football Nation Radio”.
“First, consumers are likely to confuse ‘Football Nation Radio’ as a service that provides commentary about Australian Rules Football,” Crocmedia’s lawyers said.
“This is because Australian Rules Football is widely reported as the most popular sport in Australia and one which has attracted more overall interest among Australians than any other sporting code.”
However, hearing officer Robert Wilson did not agree with Crocmedia’s argument, allowing Football Nation Radio to trademark its name.
Wilson also ordered Crocmedia cover Football Nation Radio’s legal costs.
“In my view, the term ‘football’ is not equivalent to AFL”, the judgement said, pointing to the likes of rugby league and union, Gaelic football and American football.
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