“Unlike some countries, Australia, does not recognise a proprietary right to a person’s name, image or persona and as such a person claiming that their name, image or persona has been incorrectly used needs to establish an action in either passing off or misleading and deceptive conduct to give rise to a legal claim.”
My question today is:
The Federal Government, under the stewardship of Prime Minister John Howard, acted to preserve and elevate the “BRADMAN” name.
Why has the Federal Government not acted to legislate to protect other great Australian names against corporate exploitation?
The LINDRUM FAMILY NAME and LINDRUM FAMILY STORY/HISTORY is the story/history of seven extraordinary champions.
The LINDRUM NAME and LINDRUM FAMILY STORY/HISTORY is “unique” and the contribution made by the Lindrum Family to the Nation over six generations, significant.
Is it acceptable for a corporation to use a family name and history as an instrument to its own ends.?
In The Uncrowned King (www.lindrum.com), I refer to CBus “pocketing $20 million dollars” from the sale of the Lindrum Hotel in Melbourne. CBus obtained the use of the name by deceptive means. On sale of the hotel,, the Lindrum trademark was returnable to the family. The new owner has continued to “commercially exploit” the name and history and ignore the legal requirement to return the Trade Mark.
Now it has come to my attention that another company has been using the Lindrum name. Home builder METRICON has been “commercially exploiting” our name on a home known as the LINDRUM 52.
The Uncrowned King – Horace Lindrum – won the world professional snooker title in 1952. General Counsel for Metricon informed me:
“Our marketing department would not have made the connection.” What complete rubbish.
On the Metricon Web Site, Metricon features the LINDRUM 52 next to the LINDEMAN.
LINDRUM stands for achievement in primary industry, sport, entertainment and property LINDEMAN for wine.
The Directors of Metricon obviously think it acceptable to exploit great Australian names. I, for one, do not.
Is Metricon “passing off/engaging in deceptive and misleading conduct?”
I think there can be little doubt that the general public will assume, as they do with the Lindrum hotel, that the Lindrum family have “endorsed” their LINDRUM 52.
No endorsement has been provided to either entity. Both uses are “unauthorised”.