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Black Caviar – She`s on track for royalties – By Jeff Garrett – Legal Practice Director (as published in the GC Sun – 4/7/12)

Black Caviar captured the spirit of the nation with her hard-fought win in the Diamond Jubilee Stakes at Royal Ascot ensuring her name will be recorded in racing history forever.

It was her twenty-second consecutive win, taking her prize money tally to more than $6 million. But what will be the ultimate value of the Black Caviar brand to her owners?

While many people consider the extent of her winnings mind-boggling the real worth of the name, Black Caviar, and associated imagery and products will more than likely make hear earnings to date pale into insignicance.

The trip to England and her win have created a legion of international fans as well including non other than Queen Elizabeth II who was thrilled to pat the mighty sprinter’s nose after the race.

What a performance on and off the track and what a wonderful and valuable profile for the horse and Australian Racing – all of this adding great value to the Black Caviar trademark.

You can imagine the number of flags, hats, shirts, dresses, ties, photographs and other items that will bear the now very famous pink and black spots derived from her racing colours and the seemingly inexhaustible appetite the public will have for these products.

The fact that many thousand of Australians went to England to see the great race and the sight of a sea of pink and black on display at Royal Ascot was further confirmation of the commercial value of the brand.

The owners of Black Caviar have, very astutely, taken out legal protection of the Black Caviar name and her racing colours by registering a trademark.This enables them to control the products and use of the Black Caviar name and its images and ensures they will receive an appropriate royalty or licence fee for the use of this very valuable intellectual property.

It is very important that anyone who has an interest in valuable intellectual property protects this by way of registered trademarks or patents in relation to the products connected to the idea, image or name.

Unfortunately there are many unscrupulous operators who will gladly steal intellectual property if it is not adequately protected. The owners of Black Caviar have recognised the importance of this issue and look set to earn large amounts of income now and into the future.

For any enquiries, please contact 1800 621 071 or email info@attwoodmarshall.com.au.

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Jeff Garrett

Jeff Garrett

  • Legal Practice Director
  • Direct line: 07 5506 8201
  • Mobile: 0419 304 174