Seven Network embroiled in trademark dispute against 7-Eleven

The Seven Network has initiated legal proceedings against global convenience store behemoth 7-Eleven, Inc in a landmark trademark dispute.

Seven West Media CEO James Warburton. Picture: Nikki Short

Seven and Nine have been arch rivals for decades, but now the nation’s leading commercial broadcaster has declared war on a new opponent.

The Seven Network has initiated legal proceedings against global convenience store behemoth 7-Eleven, Inc in a landmark trademark dispute.

The TV station claims they would be “disadvantaged” with continued use of the Texas-based company’s logos and trademarks featuring the number seven, according to documents filed in the Federal Court last week.

The network also alleges it is “aggrieved” and is seeking for the Federal Court to remove and cancel the trademarks, which the network claims have not been used “in good faith” in Australia for a three-year period from September 2018 to September 2021.

7-Eleven has nine registered trademarks Seven is seeking to have removed, which consist of three logos each featuring the words “Fresh”, “Connect” and “Select” with the number seven.

Seven claims in court documents they have acquired a reputation in the names Seven, 7 and the Seven logo, and the continued use of the logos would be “likely to deceive or cause confusion”.

The 7 FRESH and 7 CONNECT trademarks were registered in 2008 and the 7 SELECT trademark 2012.

In July 2019, 7-Eleven applied to the Australian Trade Marks Office to remove the network’s trademark on the word 7NOW on the grounds of “non-use”.

One of the 7-Eleven logos disputed by Seven Network.

It was argued Seven redirecting the 7NOW.com.au domain name to 7Plus.com.au did not pertain to sufficient use of the trademark, with a judgment in June ruling in 7-Eleven’s favour.

The 7NOW.com.au domain now directs to a website that provides links to the network’s content and assets. Seven is also appealing that decision.

The network currently has 11 trademarks pending with IP Australia, the federal agency which oversees Australian trademarks.

James Lawrence, intellectual property lawyer and Partner at Mills Oakley, said the network may have been forced to file court proceedings after hitting a roadblock with one of their pending applications, or the network is retaliating against 7-Eleven after losing the 7NOW trademark.

Seven, which is also seeking costs, would not comment but a senior source at the network told The Australian the convenience store’s brand is 7-Eleven — not 7.

7-Eleven, Inc is yet to file a defence in the matter and did not respond when contacted.