Apple Inc has taken on Australian retail giant Woolworths in a battle of the heavy weights. As you will have no doubt seen, Woolworths introduced their new apple shaped “W” logo to coincide with their gradual phasing out of the Safeway brand.

The idea of abandoning the Safeway brand was first floated when Woolworths bought out the US owned Safeway brand in 1985. The traditional Safeway “S” logo was replaced with the red and green “Safeway” brand and “The Fresh Food People” tag line. However the Safeway brand enjoyed stronger recognition in Victoria so the Safeway brand remained, as did the Rolf Voss brand in Tasmania (until 2000) and Woolworths in all other states. However, some say the re-floating of Woolworths shares in 1993 brought the brand into the minds of consumers and the retail giant has now decided to gradually phase out the Safeway brand altogether.

Now Apple Inc is not happy and has opposed the new Woolworths “W” logo by filing a notice of opposition with IP Australia, the government body that manages trade marks in Australia. Whether Apple is ultimately successful will come down to whether the logos are “substantially identical” or “deceptively similar” in appearance. Compare, for example, Apple’s logo (here) with Woolworths’ logo (here) and make your own call. Other factors include the relevant markets that each are selling into and the likelihood of consumer confusion. Interestingly, Woolworths has filed for protection in nearly every class of goods and services available (43 out of the 45). This includes classes of goods and services typically used by Apple (for example class 9 for computers).

Some conspiracy theorists may think this is remnants of Apple’s previous relationship with Coles, Woolworth’s no.1 competitor (remember the “Computers for kids” program that Apple ran with Coles for many years). Does this mean no iPods for sale on the chocollate impulse racks at the register? Perhaps it is simply Apple trying to protect its brand. Whatever the reason we will be fascinated to see how this one unfolds.

- Jack Dolphin

Read about Actuate IP’s trade mark registration and dispute services.