Rachael Finch and an Instagram fitness model are locked in a scrap over the right to trademark the word ‘bod’.
Gold Coast woman Sophie Guidolin, 28, has gone to court to try to stop Finch, 29, using the word as part of her new range of activewear, called B.O.D. the Courier Mail reports.
Ms Guidolin, a mother-of-four, told the court through her lawyer that she is known to her 64,000 Instagram followers as ‘The Bod’ and also has a legion of Facebook followers on a page with the same brand name.
Rachael Finch is fighting an Instagram model in court who claims the former Miss Universe Australia has breached a trademark agreement
Finch is set to launch a fitnesswear ranged named ‘B.O.D.’ (pictured)
Instagram star and mother-of-four Sophie Guidolin, 28, (pictured) claims to have trademarked the word ‘bod’
Ms Guidolin says former Miss Universe Australia Rachel Finch (pictured) can’t use the word for her new range of activewear called B.O.D.
The court heard Ms Guidolin (pictured) used the brand name ‘The Bod’ for her fitness and nutritional programs
Ms Guidolin’s (pictured) lawyer Dauid Sibtain said his client is known by the name ‘The Bod’, and pointed to her 64,000 Instagram followers and hundreds of thousands of likes on Facebook
Justice Nye Perram handed Finch (pictured) an early win in the case on Thursday
The court heard Ms Finch started using the trademark ‘B.O.D by Finch’ on her health and fitness products and services earlier in 2017
But Justice Nye Perram handed Finch an early win in the case on Thursday, dismissing Ms Guidolin’s application for an injunction to stop Finch from selling her clothes at Myer beginning in March.
The court heard Ms Guidolin used the brand name ‘The Bod’ for her fitness and nutritional programs.
She had also used the name for leggings, bikinis and exercise equipment since April 2016.
The court heard Ms Finch started using the trademark ‘B.O.D by Finch’ on her health and fitness products and services earlier in 2017.
Ms Guidolin got Finch (pictured) to sign an agreement that she would not use the name
Rachael Finch arrives at the Brownlow Medal ceremony in Melbourne
Ms Finch’s lawyers Peter Wallis agreed that the model had removed all references to BOD on her website and social media
Ms Guidolin (pictured) said Finch’s activewear range will mislead consumers
The case will return to court in January 2018 (Ms Guidolin pictured)
Rachael Finch poses at the Myer Marquee on Stakes Day at Flemington Racecourse
Ms Guidolin claims Ms Finch signed an agreement not to use the name.
Ms Guidolin’s lawyer Dauid Sibtain said the activewear range breaks that agreement and will mislead consumers.
Ms Finch’s lawyers Peter Wallis agreed that the model had removed all references to BOD on her website and social media, but said she was entitled to use the name B.O.D. – which stands for Body Of Dance – on her activewear.
The case will return to court in January 2018.