Stone & Wood has appealed the court ruling on its Pacific Ale trade mark infringement claim against Thunder Road, with a new hearing set down for 2017.
Stone & Wood co-founder Jamie Cook revealed the development in an interview this week for an upcoming episode of Radio Brews News.
“We got that ruling handed down, we weren’t that happy with it – either were our legal team,” he said.
“So we pondered it for awhile and at the end of the day, decided it was something we should appeal.
“That process is now in place and I think it’s set for February next year, the appeal hearing, where there will be a bench of learned judges re-assessing the case.
“I can’t really go into much more detail about that until that goes through,” said Cook.
Stone & Wood failed to establish its misleading or deceptive conduct, passing off and trade mark infringement claims against Thunder Road, the Federal Court ruled in July.
The Full Court of the Federal Court will now hear the matter on February 21.
Trade mark process continues
Separate to the dispute with Thunder Road, Stone & Wood has had a trade mark application in progress for ‘Pacific Ale’ since August 2010, Cook confirmed.
“That’s still in play and probably won’t be heard until the back end of next year,” he said.
“It’s been a long game… we try and not let it become a distraction for us.”
Episode 114 of Radio Brews News featuring Jamie Cook will be available to download later today.
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