QFES and Cricket Queensland hold fire on trademark dispute

A trademark dispute between Queensland’s emergency service agency and the state women’s cricket team, the Queensland Fire, has been paused, as both parties enter private negotiations.

Queensland Fire and Emergency Services requested a “cooling-off” period in its dispute with Queensland Cricket on January 9, the day this masthead raised questions about its opposition to the trademark.

Queensland Fire and Emergency Services has taken issue with cricket’s attempt to trademark Queensland Fire for the state women’s team.Credit: Composite

According to IP Australia, a six-month cooling-off period can begin if both parties agree to enter private negotiations.

QFES again refused to comment on the dispute, but in its statement of grounds and particulars for its opposition — obtained by this masthead — its lawyers, King & Wood Mallesons, argued there would be a “likelihood of confusion” between the emergency service and the cricket team.

They suggested there was a “tangible danger that a number of persons of ordinary intelligence and memory” would wonder whether the Queensland Fire cricket team had an affiliation with QFES.

“Such likelihood of confusion is not dispelled by words within the specification for the [trademark] application limiting [in some cases] the goods to those relating to the sport of cricket,” the QFES lawyers argued.

Queensland Cricket has defended its application on the grounds its trademarks would apply only when used “in relation to the sport of cricket”.

A Queensland Cricket spokesman said the organisation would be unable to make substantive comment while the process was underway with IP Australia.

“Queensland Cricket continues to work in good faith with Queensland Fire and Emergency Services to find a resolution where both brands can co-exist,” he said.

QFES has repeatedly refused to disclose how much it had spent on its case, but trademark expert Professor John Swinson said last month it had probably cost taxpayers tens of thousands of dollars.

Fire and Emergency Services Minister Mark Ryan was asked, among other things, whether such expenditure was worthwhile, and whether he supported the action.

He remained tight-lipped.

“It is my hope that an outcome is reached that satisfies both parties,” Ryan said.

“Any further comment I make could jeopardise the legal positions of the parties, and as such I am unable to say anything further at this time.”

An opposition spokesman said the non-disclosure of the challenge’s cost was a continuation of a pattern for the state government.

“Queenslanders are growing tired of this behaviour, like when the Palaszczuk Labor government refused to tell Queenslanders how much taxpayers’ money had been spent on Wellcamp, or like when they refused to disclose how much the government has paid for Jackie Trad’s legal fees,” he said.

QFES was more supportive of another Fire on the female sporting landscape.

Ten days after this masthead revealed the trademark dispute, a partnership between QFES and the Townsville Fire Women’s National Basketball League team was announced.

“This partnership with QFES will help promote women in sport as well as getting more female participation into the firefighting service,” Townsville MP Scott Stewart said at the time.