Last night, A Current Affair detailed the legal battle that a small family business based in Melbourne has gotten caught up in. The cinnamon scroll shop, Cinnabuns, has been threatened with legal action by American chain Cinnabon if it does not agree to rebrand within ten days.
The episode brought in a Total TV National Reach of 2,041,000 and a Total TV National Average Audience of 1,313,000 for Nine.
Cinnabon has nearly 2000 stores globally, including 26 in Australia.
Two letters separate the two business names, with Cinnabon claiming Cinnabuns has violated a trade mark it has held since the 1980s.
Cinnabuns owner Mike Ying, who has been in Australia for more than a decade after studying baking in France, said he was “very disappointed” to receive a legal letter from Cinnabon, a company he had never heard of.
“I feel like I have to fight against a big name. We are just a small family business,” he told A Current Affair.
Lawyers for Cinnabon wrote in a cease and desist notice that the name Cinnabuns was “aurally, visually and phonetically similar to Cinnabon”.
“There is a real chance that the conduct will, or has the potential to, confuse or deceive consumers, and therefore constitute trade mark infringement.”
Macpherson Kelley principal Belinda Sigismundi, who is an expert in intellectual property, said trademarks were fiercely protected by companies. The lawyer, who is not involved in this case, said trademarks could include brand names, shapes, colours and even scents that held significant value for businesses.
“If a consumer can be confused, then a trademark infringement is likely to be made out,” she told A Current Affair.
Ying said he was considering his options, and that he “was very surprised to get this letter because for me it’s not the same.”
The Cinnabuns owner has put a call-out to his customers to help him find a new business name.
“I think the main lesson small businesses should take away is don’t get too wedded to a name until you’ve done your proper due diligence,” she said.
Also on Nine, The Block won the Ratings, securing a Total TV National Reach of 2,533,000 and a Total TV National Average Audience of 1,518,000.
Over on Seven, My Kitchen Rules (MKR) brought in a Total TV National Reach of 1,721,000 and a Total TV National Average Audience of 993,000.
The Monday night episode of My Kitchen Rules turned up the heat and chaos as Amy and Lara’s highly anticipated Instant Restaurant, Only Pans, fell flat, leading to their elimination from the competition. Meanwhile, a bizarre bet between rival teams saw one contestant downing a shoey from Manu Feildel’s well-worn boot, providing one of the most talked-about moments of the season.
Over on Channel 10, Have You Been Paying Attention? raked in a Total TV National Reach of 1,082,000 and a Total TV National Average Audience of 641,000.
ABC‘s Four Corners brought in a Total TV National Reach of 1,151,000.
