Taxpayers stump up $50k in failed Fire trademark bid

Queensland Fire and Emergency Services has backed down from its attempts to prevent the state’s cricket governing body trademarking the name used by its women’s team since the 1990s, burning through almost $50,000 in the process.

QFES last week withdrew its opposition to Queensland Cricket’s bid to copyright Queensland Fire, opening the way for the cricket body to trademark the name of the state’s premier women’s one-day team.

Queensland Cricket has successfully batted away an attempt by a state government agency to prevent it trademarking Queensland Fire.Credit: Jason McCawley/Getty Images

The cricket team competes in the Women’s National Cricket League and has been playing under the Queensland Fire banner since 1997. Queensland Cricket sought to trademark the name in 2019.

QFES objected to cricket’s attempt to trademark the name in January 2022, leading to a lengthy dispute through IP Australia, the commonwealth agency that administers intellectual property rights.

After much legal to-and-froing, QFES informed IP Australia on November 15 it would withdraw its opposition and the trademark was registered that same day.

A QFES spokesman confirmed the row had cost taxpayers $48,982.40.

“The external legal services provider was appointed and managed in accordance with the whole-of-government legal services panel,” he said.

The QFES spokesman said while the legal stoush had concluded, details remained confidential.

“QFES provides a critical emergency service to the community and it is essential that QFES be clearly distinguished and recognised,” he said.

“As such, QFES took the appropriate steps to protect its ability to use the term ‘Queensland Fire’ to identify itself into the future and is satisfied with the outcome of this matter.”

It was good news for Queensland Cricket chief executive Terry Svenson, who welcomed the end of an almost-two-year dispute with the state government agency.

“We are very pleased that common sense has prevailed and our position that the Queensland Fire women’s cricket team can co-exist as a brand alongside the Queensland Fire and Emergency Services has been ratified,” he said.

“Queensland Cricket looks forward to supporting the Fire squad as they pursue another Women’s National Cricket League title later this season.”

In opposing the trademark, QFES 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 the fire service.

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

Get the inside word on the news, sport, food, people and places Brisbane is talking about. Sign up for our City Talk newsletter here.