Virgin Australia Beats Rex’s Cheeky Claim To Economy X Trademark

Melbourne, Australia - December 14, 2014: Virgin Australia passenger aircraft at Tullermarine Airport, Melbourne Australia readying for departure

Rex has failed in its cheeky court bid to claim ownership of the “Economy X” brand from Virgin Australia.

The dispute stemmed from Rex’s leasing of old Virgin Australia Boeing 737 jets without making changes to the interior cabins. It is understood that Virgin Australia asked Rex to remove the Economy X branding on seats but Rex refused, claiming that Virgin had not formally trademarked the term.

Rex then applied to the Registrar of Trade Marks to claiming ownership of Economy X. Virgin opposed the application, saying that it had created the brand in 2016 and launched it in marketing and sales from February 2017.

Rex disputed Virgin’s claim, saying it was a “description of class of service, or seat class.”

“Evidence is provided in support of this view, including a website dated 2016, showing that Qantas uses the letter ‘X’ as the class code for flight rewards/award bookings in economy class,” said the ruling by Registrar of Trade Marks’ delegate Nicholas Butson.

Rex also said that even if the brand had been trademarked by Virgin Australia, it was unregistered and the intellectual property rights were vague following the airline’s change of ownership in 2020.

However, Butson’s ruling said that a trademark did not necessarily have to be registered to establish ownership. Instead, he said that a trademark could be established through “authorship and use of a trademark.”

“This ground does not require (Virgin Australia) to establish that it is the owner, merely that there is an earlier claim to ownership based on use by someone other than the (Rex),” wrote Mr Butson.

He found that Virgin Australia provided sufficient evidence that it created Economy X and used it before Rex. Costs were awarded against Rex in the matter.

A Rex spokesman declined to comment on the ruling other than to point out the airline had adopted the term “Rextra” seating for the rows previously designated Economy X.




Please login with linkedin to comment

Rex Virgin Australia

Latest News

It’s Friday Quiz Time Again!
  • Media

It’s Friday Quiz Time Again!

Take B&T's trivia quiz for your chance to win a $100 booze voucher and possible cirrhosis of a major internal organ.

by B&T Magazine

B&T Magazine
Big data technology and data science illustration. Data flow concept. Querying, analysing, visualizing complex information. Neural network for artificial intelligence. Data mining. Business analytics.
  • Marketing

SenateSHJ Launches New Trans-Tasman Practices

SenateSHJ has launched a new digital, data and insights capability designed to help clients tackle the growing complexity of communication challenges. SenateSHJ Digital, Data and Insights (DDI) will combine the firm’s existing Digital and Insights functions to create a Trans-Tasman capability focused on digital communication, and the generation and use of data to improve communication. […]

New BrandStory Format From Bonzai Allows 3x More Ad Space on Mobile
  • Media

New BrandStory Format From Bonzai Allows 3x More Ad Space on Mobile

Creative technology platform Bonzai has announced the launch of BrandStory – a new premium mobile ad format. BrandStory offers triple the ad space and 2.8 times greater time in view than single scroll ad formats, addressing the surging demand from brands worldwide for more real estate to drive real results by seamlessly intertwining awareness, exploration […]

B&T’s Search For Australia’s Greatest Ad Heads To Channel 7
  • Advertising

B&T’s Search For Australia’s Greatest Ad Heads To Channel 7

B&T went through the looking glass this morning, with editor-in-chief David Hovenden (above) appearing on Channel 7’s The Morning Show to get the general public involved in our search for Australia’s Greatest Ad. Hovenden chatted with Kylie Gillies and stand-in host Matt Doran about what makes a great ad and showcasing some of our favourites […]

by B&T Magazine

B&T Magazine
Opinion: The Tall Planner’s Kate Smither On The DBA Dilemma
  • Opinion

Opinion: The Tall Planner’s Kate Smither On The DBA Dilemma

The science is not in question – smarter people than I, with far more data, have codified it. The logic is not up for grabs…it makes sense that creating mental shortcuts to your brand keeps you at the top of your mind. Lead image: Kate Smither – Owner, The Tall Planner I wouldn’t even take […]

Opinion

by B&T Magazine

B&T Magazine
African woman using a cellphone in an office alone
  • Marketing

Ortto & Tall Bob Partner To Deliver Better SMS & MMS For Australian & NZ Businesses

Two Australian-born technology providers have joined forces to bring more power and choice to marketers in Australia and New Zealand with mobile messaging that is more local, cost-effective, and integrated. It’s a partnership that sees two Australian software companies come together to deliver a world-class mobile-first solution for marketers building data-driven, personalised, omnichannel campaigns. While […]

Slew Of New Hires At Snap Inc.
  • Media

Slew Of New Hires At Snap Inc.

Snap Inc. has announced a number of new recruits. B&T unaware if it positively impacted SEEK's share price.

Reddit Gets Playful Brand Refresh
  • Technology

Reddit Gets Playful Brand Refresh

This will be of interest to any Reddit fans, graphic designers or lovers of an orange so bright it burns the retinas.

Zitcha & Broadsign Partner To Drive Global In-Store Retail Media Market
  • Advertising

Zitcha & Broadsign Partner To Drive Global In-Store Retail Media Market

Zitcha and Broadsign have teamed up to integrate the Broadsign out-of-home (OOH) advertising platform with Zitcha’s retail media platform. The collaboration empowers retailers to maximise and monetise in-store digital display networks and enables advertising partners to easily view and book available in-store inventory and review campaign performance alongside the retailer’s other media channels. With the […]

Double Rainbouu & 7-Eleven Launch Exclusive Summer Fashion Label
  • Marketing

Double Rainbouu & 7-Eleven Launch Exclusive Summer Fashion Label

Today, 7-Eleven has announced a one-of-a-kind collaboration with the popular Sydney-based anti-resort wear label Double Rainbouu. Dropping tomorrow, December 1, just in time for summer, this limited-edition capsule will infuse the fashion brand’s rebellious spirit with a distinctly iconic 7-Eleven flavour. The unisex collection features five must-have styles comprising two signature Hawaiian shirts, a peaked cap, a bucket hat […]