Pub tries to trademark the word CORNER despite every second bar in Australia sitting on an intersection
- The Corner Hotel sued fellow Melbourne pub Jazz Corner Hotel in Federal Court
- Registered trademarks for The Corner, Corner Hotel, Corner, Corner Presents
- Claimed other pub infringed on its trademark because name used word corner
- Judge threw out the case observing pubs ‘are often located on street corners’
The Corner Hotel in Melbourne‘s Richmond has lost a Federal Court trademark battle over another venue’s use of the word ‘corner’.
The award-winning pub, which has hosted some of the world’s biggest music names, registered trademarks for The Corner, Corner Hotel, Corner and Corner Presents.
Operators Swancom took the CBD pub Jazz Corner Hotel, its associated Corner Cafe and Bird’s Basement music venue to court over their trademarks that includes the word ‘corner’.
The three businesses are in the same building, owned by the same group and are close, but not actually on a street corner.
The Corner Hotel in Melbourne’s Richmond (pictured) has lost a Federal Court trademark battle over another venue’s use of the word ‘corner’
Federal Court Justice Michael O’Bryan on Friday dismissed Swancom’s claim against the venues, and the Jazz Corner Hotel’s counter-claim against the Richmond pub.
He said the Swancom and Jazz Corner trademarks were obviously similar in so far as their respective uses of the words hotel and corner.
But in his judgment delving into the definitions of the words “corner”, “pub”, “hotel” and ‘jazz’, Justice O’Byran said the risk a member of the public might be confused about live music offered by the two venues was remote.
‘I take judicial notice of the fact that, in Australia, hotels or, more colloquially, ‘pubs’ (a business licensed to serve alcoholic drinks on the premises) are often located on street corners,’ Justice O’Bryan said.
The pub took Melbourne CBD venue Jazz Corner Hotel (pictured) to court over their trademarks that includes the word ‘corner’
The Richmond pub claimed the CBD venues’ use of terms including The Jazz Corner Hotel and The Jazz Corner Cafe, was deceptively similar to that used by Swancom.
‘From the earliest days of European settlement of Australia to the present day, hotels have been named the “Corner Hotel”,’ the judge said.
‘I consider that ordinary members of the public should be credited with a general knowledge that there are many businesses, broadly in the hospitality industry, which use the name “corner”.’
The Corner Hotel has hosted names including Powderfinger, Midnight Oil and Paul Kelly.
In 2006 U2 recorded a film clip for its song Window in the Skies at the pub. Crowded House released a DVD of its 1996 performances at the venue.