Lawyers acting on behalf of TEN have declared the network will “fiercely defend” a trade mark case, which has been launched by Fairfax Media after the rebranding of its multichannel 10 Boss.
The court case comes after Fairfax Media filed a trade mark infringement claiming the new 10 Boss logo was too similar to a logo used for the Australian Financial Reviews Boss magazine.
The legal website Lawyerly reports Fairfax is seeking “injuctive relief restraining TEN from using the 10 Boss logo on its platforms including Television, Websites and Social Media.”
Fairfax Media first lodged opposition to the new branding in August, but TEN made the decision to proceed with the relaunch believing the two brands could co-exist.
Lawyers acting for TEN told a Sydney court yesterday that 10 Boss was; “not at all in the same frame of discourse” as AFR Boss magazine who’s target market was business executives, while 10 Boss was aimed at; “a younger demographic,” that was; “fun” and; “escapist”.
The court also heard the 10 Boss brand was part of a “new modern vernacular,” creating a perception of being “excellent and in charge”.
As previously revealed by this website, the logo for the rebranded 10 BOSS channel was unveiled at TEN’s Upfronts event on October 31, but by the following Monday key-eyed viewers had noticed a modification with the letter O becoming a solid round block rather than a traditional letter, a third version of the 10 Boss logo was soon released featuring the 10 and Boss inside a red circle.
The matter will appear before the courts again on December 3.
The legal action comes at the same time Fairfax Media is seeking approval for a merger with the Nine Network, a key rival to TEN.
A search of the trademark register reveals TEN lodged a fresh Trademark request for all versions of the new name/logo on Friday 2nd November.
TEN relaunched its multi-channels previously known as ONE and ELEVEN to the new names of 10 BOSS and 10 PEACH last week. The move has generated some criticism from viewers concerned the names are too “Americanised”, while others have been left disappointed at the lack of changes to the programming supplied via the channels.
The networks chief programmer Beverley McGarvey recently told Mediaweek the change allowed the network to be more targeted with its programming, “10 Boss is a little older at 40+ with 10 Peach more 16-39.”