Children’s music school in trademark fight with The Wiggles

An award-winning New South Wales children’s music school operator called Wiggle and Giggle Music has cut an agreement with children’s entertainment juggernaut The Wiggles over a trademark dispute.

Wiggle and Giggle Music, based on the NSW Central Coast, lodged a trademark over the words Wiggle and Giggle in March, and it was accepted by IP Australian on July 22.

But The Wiggles Pty Ltd, which is the corporate vehicle for the famous children’s group, lodged an opposition to the trademark on lodged on October 22.

Wiggle Giggle and Music co-owner Christina Jones, who runs the business with her husband Darren, says a settlement has been written up, and will hopefully be finalised either today or tomorrow, but could not disclose any further details. However, Jones says there is the possibility of creating a new agreement if both parties are not satisifed.

Simon Kneebone, partner at The Wiggles’ law firm Banki Haddock Fiora, said the negotiations were part of the standard trademark registration process.

Records from IP Australia show that The Wiggles previously opposed a trademark for a children’s wear brand called Wiggly Giggly back in July 2000. The opposition was subsequently withdrawn in February 2001.

IP lawyer Trevor Choy suggests the case highlights the two very different methods companies can use to protect their intellectual property.

The first is what he calls the “corporate method” where it is the strategy to challenge any trademark that could be related to your own, even if it is not a direct competitor.

The second is a take the approach of weighing the need to protect your trademark against the costs of obtaining that protection.

“I think there might be a bit of a flaw in that corporate method if you don’t take into account the circumstances,” Choy says.

“You need to ask yourself: How is this affecting this brand? And is my action going to prejudice me more than the benefit I am going to get by going after this business?”

However, Choy says the case is also an example of how careful companies who are launching a brand need to be in ensuring their brand is very separate from the other established brands.

Choy says that where he once would have advised clients that common descriptive words (such as wiggle) used in a big brand name would be able to be used, provided they weren’t intentionally aiming at a brand’s patch, that is no longer the case.

“Now I think we are moving towards saying even when you are only using a word in a descriptive sense and not even aiming at a company, then you need to be really careful,” he says.

“It’s no longer just acting in bad faith that can get you in trouble.”

Wiggle and Giggle Music appears to be enjoying a strong period of growth. The company recently won a Central Coast Business Achiever award and Jones was recently a finalist in the Central Coast Women In Business Awards.