Sir Don Bradmans family sues over use of name for promoting choco-chip biscuitsDecember 24th, 2008 - 1:02 pm ICT by ANI
Melbourne, Dec 24 (ANI): John Bradman, son of Sir Don Bradman, is seeking damages from law firm Allens Arthur Robinson for failing to use due care, skill and diligence when allowing the Bradman Foundation to license the cricketers name.
He alleged that the law firm left his fathers name open to exploitation, by allowing it to be used to promote items such as chocolate-chip biscuits, aired before a full Supreme Court trial.
The family has said that, if successful, it would donate any funds it received to charity, The Australian reported.
Allens Arthur Robinson yesterday applied to the court for a summary judgment in its favour, arguing that the Bradman family had left it too long after Sir Donalds 2001 death to take action.
The firms lawyer, Tom Bathurst QC, told the court: What the claim arises out of is in respect of services provided by the defendant to Donald Bradman and to a foundation perpetuated in his memory. In fairness, this is nothing alleged by Sir Donald during his lifetime.
The family is arguing that the firm, which also represented the Bradman Foundation, failed to act upon Sir Donalds instructions to allow his relatives the power of veto over decisions to use his name for commercial purposes.
The Bradman familys disenchantment with the foundation became public three years ago when it licensed food company Unibic to market Bradman chocolate-chip biscuits in India.
Bradman has since accused the foundation of using his fathers identity as a brand name like Mickey Mouse, The Australian reported.
The family has claimed that the law firm failed to advise Bradman as to the nature, effect and value of the registration and use as trademarks of Sir Donalds name and all forms of his signature.
It claims the authorisation entitles the foundation to act in ways of which Sir Donald and his family did not approve. (ANI)
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