By Chris Round

In June IP Australia handed down a decision in favour of the pop star Madonna who faced an applicant seeking to register the trademark HARD CANDY which was the name of Madonna’s gym business. In Hard Candy Fitness, LLC v Hard Candy (Australia) Pty Ltd [2015] ATMO 61, IP Australia had no difficulty in finding that Hard Candy (Australia) Pty Ltd (AU Hard Candy) was acting in bad faith when it filed a trademark application for HARD CANDY in the week Madonna launched her new gym business under that name.

IP Australia found that the opponent (US Hard Candy) is a global luxury fitness brand and owner of a group of fitness, health and lifestyle centres around the world operating under the name HARD CANDY FITNESS. US Hard Candy was founded by American musician, entertainer, actress, author, cultural icon and entrepreneur Madonna in partnership with Madonna’s agent, Guy Oseary, and Mark Mastrov of New Evolution Ventures, LLC.

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