7-Eleven has won a trademark battle with Seven Network over the use of the 7Now Mark, following the federal court’s dismissal of Seven’s challenge.
In June 2019, 7-Eleven applied to the Registrar of Trade Marks to have Seven Network deregistered of the 7Now Mark due to it not being used for years, to which the delegate agreed.
Seven Network appealed the decision in the federal court arguing that between 24 July 2018 and 1 April 2019, the 7Now URL redirected users to the 7Plus website.
Justice Tom Thawley dismissed the appeal stating that: “The 7Now Mark did not appear on the 7Plus website. At no time was a user taken to a 7Now website. If anything, the user would assume that the 7Now Mark was not in use at all.”
Justice Thawley further explained that: “It can be accepted that if the 7Now Mark were used in the context of broadcasting services, then a consumer would assume a connection with Seven. But, if a consumer saw the 7Now Mark in connection with the sale of food or goods typically found in convenience stores, I do not think any confusion would arise.”
Justice Thawley ordered Seven Network to pay 7-Eleven’s court costs.