Merivale takes Brisbane eatery Establishment 203 to court
Merivale is in a court battle with a Brisbane eatery, over the Establishment brand.
Merivale, which owns the popular Sydney venue Establishment has launched an intellectual property case against Brisbane eatery Establishment 203, headed by acclaimed chef Ben O’Donoghue.
The businesses went to court in February with Justin Hemme’s owned Merivale arguing customers could be “confused” by the similarity in names.
Merivale has asked the Federal Court to make orders preventing the Queensland restaurant from using the establishment name.
Barrister Ed Heerey KC, representing Merivale, told the court this week Establishment was an “entertainment precinct” that has been around since the Sydney Olympics in 2000.
The Brisbane venue opened its doors in November 2023.
The argument is that Merivale’s venue attracts both Australian and international guests, including from Brisbane, which could cause confusion.
Heerey will argue that Establishment 203’s owners did not check the trademark registry before naming their Fortitude Valley business.
Hemmes Trading has accused Establishment 203 owners of being deceptive as both venues offer the same services.
“A number of Australian consumers … are at a real risk (that is a finite and not trivial risk) of being confused (which includes being perplexed, mixed up, left in doubt or caused to wonder) as to whether it might not be the case that the parties’ respective products come from the same source,” court documents claim.
Hemmes Trading is seeking damages and “has demanded that the Respondent cease engaging in the above conduct, but the Respondent has refused to do so”.
Establishment 203 is defending the case.
The Brisbane restaurant offers a casual dining experience with a fusion of steak and Italian cuisine. It argues the name was chosen in good faith and references Stanbroke abattoir where it sources its meat.
The defence led by Frances St John argued Stanbroke was named in 1997.
“We say there can be no dispute that this was in good faith,” St John said.
Justice Ian Jackman has urged the parties to mediate, although he noted success was unlikely.
If mediation is unsuccessful, the case will proceed to court in September or October this year.
Jonathan Jackson, 9th April 2024
