Josh Shiels heaved a sigh of relief last week when he won a court case against Lleyton Hewitt Marketing, allowing him use of the cry ‘Come on’. But his relief was short-lived. Hewitt, no stranger to legal skirmishes as he has engaged former agents Octagon and the ATP among others in court-room battles, has appealed the decision.
An Intellectual Property officer in Canberra ruled against LHM’s claim that Shiels was unlawfully using Hewitt’s rallying cry for unauthorized commercial purposes, and ordered LHM to pay Shiels’ court costs. But Hewitt’s marketing arm is not accepting the ruling.
"My family have been dragged through the court system for a few years now. It's draining mentally and financially, especially when you're trying to juggle a small business," said Shiels, who with his daughters designed a stylized logo based around the words ‘Come on’ and began by selling items off a market stall.
Although the catchphrase has most recently been associated with Hewitt, it has in fact been used by Australian sports fans for decades and Shiels wanted to use it on a variety of sportswear, such as caps and shirts in various team colors. He has trademarked the phrase not only in Australia but in the United States and nearly 30 other countries.
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