Anti-vaxxer Tom Barnett demands payment for use of Isabel Lucas’s name

Prominent anti-vaxxer Tom Barnett has sent a $500,000 invoice to News Corp claiming that he had a copyright on the name “Isabel Lucas” and should be paid after it was printed in the Sunday Telegraph.

A Byron Bay vaccine activist has sent an invoice for $500,000 to News Corp, the publishers of the Sunday Telegraph, for naming actor Isabel Lucas.

Tom Barnett took out what he called a ‘copyright’ on the name Isabel Lucas, demanding any use of her name would attract the exorbitant fee.

“You need to contact the copyright owner if you intend use or make any reference to the name Isabel Lucas or the living woman who uses the name ‘Isabel Lucas©’. If you use the name or refer to the woman without permission, you agree to pay Tom Barnett AUD$500,000.00 per use or reference,” Mr Barnett said in an email.

As the Sunday Telegraph reported last week, Mr Barnett, who attempted to run for Byron Shire mayor last year but failed to get on the ballot, actually took out a trademark on Isabel Lucas but experts said he misinterpreted the law.

Byron Shire’s anti-vax activist Tom Barnett. Picture: Instagram

Actor Isabel Lucas has shared her anti-vaccine views. Picture: Nicki Connolly

Professor of Law at the University of Sydney Kimberlee Weatherall, an intellectual property expert, said a trademark “does not give you a right to prevent descriptive use of the word, otherwise we could never talk about Coca-Cola.”

Prof Weatherall said you cannot register a trademark where use would be misleading to consumers.

“You have to register it in relation to goods and services, so there are so many reasons why this makes no sense,” Prof Weatherall said.

“It’s delusion, it is not possible to have a valid trademark in someone else’s name, Isabel Lucas has her own reputation in the name, so it is not a valid trademark and even if there were a valid trademark, it does not prevent descriptive use of a term, so if you are using the term to refer to that name you are not infringing the trademark, you are not planning to sell a newspaper under the name of the “Isabel Lucas newspaper”, this is how we can report on BHP, Coca-Cola and we can use the terms to describe the thing. It is a deep misunderstanding of the law.

Hollywood actress Isabel Lucas gradated from St Monica's College in 2006. Picture: Richard Dobson

Undeterred by the rule of law, Mr Barnett forwarded an invoice demanding payment.

“NOTICE OF DEMAND FOR PAYMENT OF DEBT

Re: unauthorised use of any and all derivatives of the copyrighted and trademarked words, phrase, name or by any other definition, ‘Isabel Lucas’.

“As per your Notice given 14 February 2022 and subsequent agreement, you are hereby invoiced for AUD$500,000.

“With leniency in mind and in good faith, we have not charged you for previous or multiple use of the trademark or common law copyright.”

Newscorp has informed Mr Barnett there will be no payment because “no intellectual property rights held by you have been breached by publication of the article,” a response Mr Barnett said was not “valid’.

“We do take your refusal as a dishonourable action and do not accept your refusal to pay. You still have the remaining equitable time period to pay or request mediation. We note that you have given a response but at this stage no valid reply,” Mr Barnett said.

--

Former Home And Away and Transformers star Lucas has voiced her anti-vax sentiments in the past.

Ms Lucas would only reveal if she had agreed to the arrangement if a “fee for service” was paid.

Mr Barnett made headlines in 2021 when he ran for mayor in Byron Bay but missed the ballot. He has also publicly said he believes you can’t actually catch a virus.

Got a news tip? Email [e-mail]