Financial planner and social media identity Canna Campbell defends success of her podcast using a trademarked title

The Sydney social media influencer and financial planner says the success of the venture was not connected to the name. She is being sued for using the trademarked term ‘financial foreplay’.

Financial planner Canna Campbell promoting her podcast series, "SugarMamma's Financial Foreplay" on Instagram.

Canna Campbell says she stopped using the trademarked term “financial foreplay” as the name of her podcast last year – and its success was due to her profile as a social media influencer.

Appearing in court on Thursday, the financial planner was questioned over her use of the term “financial foreplay” which she used in the name of her podcast.

It was later rebranded to SugarMamma’s Fireplay.

At the hearing before Federal Circuit Court judge Nicholas Manousaridis, Ms Campbell said she ceased using the term “financial foreplay” in March last year however records show the trademark was already registered by Melbourne accountant Rhondalynn Korolak from 2016, whom is seeking a public apology, damages and legal costs.

“I don’t think you can peg all of my success towards the terms ‘financial foreplay’,” Ms Campbell told the court. “My podcast, yes it did well, it grew very quickly because of my pre-existing establishment and I guess knowledge of who I am in the marketplace.”

In documents lodged with the court, Ms Korolak has argued that Ms Campbell, who had engaged Brisbane legal firm McCarthy Durie Lawyers, stole her trademarked term “financial foreplay” in a bid to promote her podcast and has successfully made money from doing so.

In documents lodged last year, Ms Korolak said she first registered the domain names including financialforeplay.com December 2009 and financialforeplaypodcast.com in 2021.
Ms Campbell, who goes by the pseudonym SugarMamma – and said her podcasts are “educational content”. “They are about giving back and helping fix the financial literacy problem in Australia,” she told court.

In cross examination, Ms Campbell also told the hearing the growth of her podcast was “due to the quality of the content” and any financial gains she made was not connected to her podcast series.

When asked about her use of the trademark by Ms Korolak’s solicitor, Gareth Benson, Ms Campbell said she “rebranded” in March 2021 and stopped using the term “financial foreplay” in relation to her podcast.

“From that moment I ceased referring to any of my content as SugarMamma’s Financial Foreplay and was using my new updated brand of SugarMamma’s Fireplay,” she said.

Ms Campbell told the court the amount she made from the podcast was “nominal” and about $160. However, she did earn about $385,000 in sponsorship revenue.

The court heard Ms Campbell had multiple financial contracts with companies including ING, Athena Home Loans and buy-now-pay-later firm Klarna.

During the cross-examination, Judge Manousaridis warned Mr Benson about his questioning of Ms Campbell after the solicitor questioned some of her testimony.

“It’s no good having a debate with a witness,” he said. “You need to have further factual material to put to this witness, it’s harassing, I know it’s not your intention but it’s harassment and I’ve got a duty to stop it, get on with it.” 

The hearing continues.