Tattersalls has claimed that it owns the term Quick Pick meaning that Intralot has had to ditch tonnes of printed material and come up with a new name. While we will work hard to pitch their Lucky Pick to customers, customers will call it what they will. If it catches on, customers wanting a Tattersalls product could ask for a lucky pick, now that would make me smile.
Mark I would think that Tattersalls owning the term “quick pick” would be like Cadbury owning the colour purple – The case that Cadbury’s lost.
Graeme, I agree. The term “quick pick” is used widely. This looks like an attempt at stalling by Tatts.
How do you ‘own’ a term and is it is fact in writing anywhere that would could be defended legally? At our NSW Lotteries counter we are asked for slick picks, quick picks, mystery picks, random picks, autopicks… you name it. What a hoplessly desperate claim by Tatts to make and to furthermore be taken seriously!
Tatts submitted the registration for the Trademark “Quick Pick” on 12th July 1983 and subsequently its now a fully registered Trademark number 393979.
Intralot will either now have to argue that its a generic term in common use and that the term “Quick Pick” refers to an action rather than a brand of product that can be indentified. Tatts / Intralot will now have to provide substancial evidence to the Trademarks office argue for and against who really should own the name.
Much like the common “I want a Band Aid” product but come home with another brand of bandage e.t.c. Elastoplast.
Well in my view it’s ludicrous. It’s somwhat like the Darrell Lea vs Cadbury challenge over who owns the colour purple when it comes to confectionery. My point is regardless of who has ‘quick pick” registered as a trademark or otherwise from my experience it matters diddly as the term is used loosely by anyone that chooses to do so. I appreciate that it’s there to prevent others from enroaching on the phrase and can only serve a legal purpose but in practice it’s lost on customers who would not nor and more importantly care about the ‘ownership’.
With the tatts machine up the front of the shop you can print a quick pick, quickly ! With the Intralot machine down the back of the shop its going to take longer to sell a ticket so it should be called a “slow pick”