May 23, 2013: Australian Gym Ordered to Stop 'Superman Workout'
by Neil A. Cole
A fitness center in Melbourne, Australia has been ordered to cease their 'Superman Workout' program after a judge ruled in favor of DC Comics' appeal which stated that it was a trademark infringment against the iconic character.
In July of 2012, Cheqout Pty, Ltd. registered for and received a trademark from the Registrar of Trademarks for the 'Superman Workout' despite DC and Warner Bros. objections. In regard to the objections, the registrar ruled that the trademark would not likely cause anyone to think that there was a connection between the fitness classes and the Superman character.
However, Federal Justice Annabelle Bennett ruled on DC's appeal on Wednesday stating that the fitness center had used the trademark along with a shield logo very similar to the Superman 'S' emblem "in order to strengthen the allusion to Superman."
Bennett's judgement states that Cheqout Pty, Ltd. had made the application for the trademark in bad faith and that the trademark application should be refused.
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