Oh What a Sour Feeling - Toyota takes on Jetstar over 'jump' ads (1 Viewer)

[Frigid]

IP protection goes too far?

Carmaker considers legal action over airline ads

Giant Japanese car maker Toyota is considering legal action against Jetstar because the budget Australian airline has used a Toyota-style jump in an advertising campaign.

It appears not everyone has the right to jump for joy after Toyota trademarked its "Oh, what a feeling" jump and two-bar jingle.

Toyota spokesman Peter Evans said: "Someone has executed a jump that is not dissimilar to ours and it would be remiss of us to ensure that our brand isn't properly protected."

While it may seem bizarre that a body movement can be owned, legal experts say companies are claiming copyright on everything from colours to smells after the Federal Government expanded the legislation in 1996.

In New Zealand, and arguably in Australia, businesses can even trademark taste.

"Companies are becoming more aware of what they can trademark. It's worth money," said Russell Waters, a trademark specialist and partner in Melbourne legal firm Phillips Ormonde & Fitzpatrick.

Companies such as Kraft Foods and jewellery maker Tiffany have registered silver and blue respectively.

Others such as Cadbury and Darrell Lea, and oil giant BP and Woolworths, are in the midst of costly legal action over which companies own purple and green.

Mr Waters said if Toyota were successful, the case would set a precedent in how far the new laws expand the boundaries of what companies can own.

Mr Evans said the global car marker's legal department was examining Jetstar's recent advertising campaign to determine whether the jump breached the company's trademark.

"Our media budget is reasonably large so we would be silly not to make sure that that investment is not maximised," he said.

While the dollar value of any jump is hard to ascertain, it was alluded to when Sydney newspapers carried headlines and photographs of a jumping NSW premier John Fahey exclaiming, "Oh, what a feeling," upon hearing that the harbour city had won the 2000 Olympics.

"You can't buy the free publicity like that," Mr Evans said. "The jump is an absolute branding device.

"As custodians of our brand it is beholden on us to make sure that they [Jetstar] are not misrepresenting us in any way.

"It is up to our legal guys to determine if there is any legal recourse we should take.

"It's just a question of if their jump is too close to ours.

"We haven't formed an opinion yet, but we are certainly looking at it."

A Jetstar spokeswoman said the airline had not received any official complaint from Toyota.

The car maker's trademark jump has a person with arms wide and legs bent back at the knees, while Jetstar has more of a star jump.

Nevertheless, Mr Waters believes the car maker may have an arguable case.

"Assuming all of the actors jump in the same way, in principle I think that would be something they could get protection for," he said.

 

[wheredanton]

S 120 of the Trade Marks Act outlines what you need to prove infringement. IP law was a while ago, but I don't think this is going to be too successful?

Is the Jetstar jump deceptively similar or substantially identical to the Toyota Jump? I don't think many people are going to think that Toyota has something to do with Jetstar as in that they would be confused or caused to wonder whether Jetstar's services actually (um, commercial jet services) come from or have something to do with Toyota (a car manufactuter).

They are in a totally different market; the Jet Star jump is in a 'star jump' with arms out to resemble a star whereas the allegedly infringed trade mark (I assume) is a more traditional jump without arms streched out.

 

[mr_brightside]

Publicity stunt.