A celebrity chef has settled out of court after launching legal action against retail giant Cotton On.
Shane Delia - who runs award-winning Melbourne eatery Maha and Collingwood’s Biggie Smalls Kbabs diner and food truck - sued the clothing chain for allegedly infringing the copyright of his famous Biggie Smalls Kbabs logo.
The well-known Melbourne chef filed papers in the Federal Court alleging that Cotton On were selling caps and socks on their website featuring the distinctive Biggie Smalls logo.
He alleged Cotton On infringed the copyright of his logo - which he has trademarked - by ‘referring to and reproducing the whole or a substantial part of the copywright work.’
Celebrity chef Shane Delia in front of the Biggie Smalls logo in question.
Image: Getty
He also claimed that his business sustained loss from their actions and that ‘Cotton On has made a profit by its wrongful acts and conduct.’
Cotton On responded to the allegations by denying it had infringed the logo and said it would resist any claim for damages. However, a spokeswoman later confirmed to the Sydney Morning Herald that the case has now been settled.
‘A settlement has been agreed and we are in the process of applying to the court to have the case removed,’ she told the Sydney Morning Herald.
This is the fourth time Cotton On has come under fire for alleged copyright infringement. In 2008 fashion brand Elwood successfully sued Cotton On, while two other brands took legal action in 2016 over claims the retail giant ripped off a trademarked phrase and a trademarked brand.
Amy SinclairAmy Sinclair is the editor of New Idea Food. She is a former weekly magazine editor who loves all things food, cooking and eating - especially the eating! When she's not looking after her three children, you'll find her in the kitchen or busily hiding online shopping purchases from her husband.
