Finch fights over who can use ‘bod’
FORMER Miss Universe Australia Rachel Finch is shaping up for a legal fight with a Gold Coast fitness model over who has the right to trademark the word "bod".
Instagram star and mother-of-four Sophie Guidolin, 28, says she has trademarked the word for her fitness business and model-turned-TV host Ms Finch, 29, cannot use it for her new range of activewear, labelled B.O.D.
Ms Finch won the first round of the legal battle yesterday, when Justice Nye Perram dismissed an urgent injunction brought by Ms Guidolin to stall the March launch of B.O.D through Myer stores.
The court heard Ms Guidolin used the name The Bod for her online fitness and nutritional programs and had also branded leggings, bikinis and exercising equipment called booty bands with that name since April 2016.
Ms Guidolin's lawyer Dauid Sibtain told Justice Perram his client is known as The Bod by 64,000 Instagram followers and had hundreds of thousands of likes on her Facebook page, which is also branded The Bod.
The court heard that when Ms Finch began using the trademark "B.O.D by Finch" on her health and fitness products and services earlier this year, Ms Guidolin was quick to declare the trademark was already taken and, in September, got the model to sign an undertaking that she would not use the name.
Mr Sibtain said Ms Finch's activewear range breaches that agreement, is a trademark infringement and will mislead consumers into thinking the clothing is associated with Ms Guidolin.
Ms Finch's lawyer Peter Wallis agreed the model had removed all references to BOD in relation to her fitness services on her website and social media pages but said she was entitled to use the name B.O.D - standing for Body Of Dance - on her activewear range.
He said there was a lot of care put into the wording of the September legal agreement in regards to what Ms Finch was prohibited from branding with "bod" and that "there is no mention of clothing".
The court heard Ms Finch was already selling her B.O.D activewear online and had large quantities of stock branded and ready to be supplied to Myer in February for an official launch in March.
Mr Wallis rejected Mr Sibtain's argument that Ms Guidolin was selling clothing branded The Bod, saying it was only a few packets of bikinis, 127 leggings and several booty bands which weren't clothing anyway. The case will return to court next month.