DJ is fighting to get the Virgin Australia name

[Jarden S]

On last night's A current affair there was a story of the David and Goliath battle going on in courts to get the Virgin Australia name from an existing Business which has been using the same name since 1995. That's what they want to re-name Virgin blue to. Here is the link to the story:
http://aca.ninemsn.com.au/article.aspx?id=8182851

[Raymond Rowe]

This guy has had it registered for so long.Why should someone come in and tell him he can no longer have it.

[Jack B]

Virgin Blue vs Guy who lives with his mum and manages a **** site.

[Jack Melon]

But i like the name Virgin Blue, They shouldnt change it.

[Brenden S]

2 tickets to Sydney, hmm that's a bit cheap!

[Jarden S]

Virgin is acting like its their own right to the name Virgin and no one else can use it and wont pay him a cent for his business name "Virgin Australia" that's why they wont go for mediation. All this guy wants is a fair price and he will sell the naming rights of his company to the Virgin Group. Looks like it will be a long court battle as Virgin want it for free as they believe they have the rights to all Virgin named companies in the world and wont budge an inch. He did set up his business 5 years before Virgin Group ever set foot in this country.

[D Chan]

I think this is the easy battle. The harder battle is to get around SQ's block on the Virgin name for the group's flights internationally out of Australia. If they can get around that I wouldn't be too surprised if they consolidate their brand under Virgin Australia and join Star Alliance. If other airlines are looking at buying SQ's share in Virgin Atlantic this will lift the restriction

[Michael Morrison]

Originally Posted by Jarden S

Virgin is acting like its their own right to the name Virgin .

I ownder what their arguement is to "owning the name". Given this guy started in 1991 and Virgin have been using "Virgin" globally for a lot longer they could argue this guy nicked the name from them in 1991?

Pretty weak case IMHO - but will be interesting to see the result. Personally I reckon he should get a payout (50k?) or free fligths for life as a a benefit.

[Paul f.]

My understanding is that VB can use the name Virgin Australia,its just that they dont want this guy to use it anymore.

[Philip Argy]

1 - http://www.search.asic.gov.au/cgi-bi...=ACN&srchsrc=1

2 - http://www.search.asic.gov.au/cgi-bi...=ACN&srchsrc=1

3 - http://www.search.asic.gov.au/cgi-bi...=ACN&srchsrc=1

Easy to see who was first to register. It may not be determinative but 20 years of usage gives you a bit of a leg up in my view.