Coast brewery in jam

AN award-winning Gold Coast craft brewer has found itself in a legal pickle over its popular FIGJAM pale ale.

Burleigh Brewing, which also has beer called Bighead and My Wife’s Bitter, is facing a potential legal battle with Ipswich-based catering business Figjam & Co, which claims the beer maker is using its trademark without permission.

Figjam & Co owner Jason Davidson registered the trade name Figjam with IP Australia in 2005 before going on to establish a successful catering business that, among other things, provides beer, food and wine to weddings, parties and other functions.

Mr Davidson’s Figjam trademark is registered for various goods and services including beer, fruit juices, syrups and other preparations for making beverages.

Mr Davidson said he had spent more than 20 years building up his business in the area, and he was determined to protect it.

“I’m shocked to discover that Burleigh Brewing has been selling beer using my brand for more than five years,” Mr Davidson.

“They would have sold millions of dollars of beer during that time under my trademark. This is a real warning to other small businesses.” FIGJAM Beer, which has won four gold medals at the World Beer Championships, gets its name from the acronym “F--- I’m Good, Just Ask Me” and is stocked at outlets such as Dan Murphy’s and BWS. Burleigh Brewing chief executive Peta Fielding denied her company was using Mr Davidson’s trademark. Ms Fielding said Mr Davidson did not manufacture beer under the name Fig Jam so there had been no breach of trademark laws.

She said she had held discussions with Mr Davidson to explain the situation and that Burleigh Brewing was within its rights to continue to use the name.

Australian intellectual property law prohibits use of a trademark that is “substantially identical or deceptively similar” to another trade mark on the same or similar goods or services. A trademark can, however, be challenged on the basis it is not being used on the goods or services for which is it registered.

In the hope that it can obtain registration of the FIGJAM trademark, Burleigh Brewing has filed an application to remove Mr Davidson’s Figjam trademark.

However, Mr Davidson argues he is using his trademark for the sale of the beer.