OMG Decadent Donuts accuses WTF of imitating vegan treats
OMG Decadent Donuts accuses WTF of imitating vegan treats

WTF? Doughnut company sues rival over copycat claims

Queensland sweet treat company OMG Decadent Donuts has sued a rival seller called WTF, claiming they are unfairly profiting by impersonating their name, logo and style of vegan, gluten-free treats.

OMG Decadent Pty Ltd, (OMG) which has 40 licensees nationwide for its fruit-sugar flavoured doughnuts mostly sold at farmers markets or pop-up stalls in retail outlets, alleges the WTF Wicked Tasty Food (WTF), operated by NSW-man Barry Skinner, from Wollongong, is deceptively similar to OMG in that it is a "well-known colloquial phrase which connotes surprise or amazement".

 

Part-owner of OMG Decadent Doughnuts David Moore. Picture: Russell Shakespeare
Part-owner of OMG Decadent Doughnuts David Moore. Picture: Russell Shakespeare

 

In its claim filed in the District Court in Brisbane OMG alleges Mr Skinner is also imitating the "get up" of OMG's market stalls by using a similar logo, offering doughnuts flavoured with 12 choices of fruit-flavoured sugars, and displaying the doughnuts in the stalls in a similar way.

OMG has asked the court to rule that Mr Skinner has "passed off and/or attempted to pass off the WTF market stalls and doughnuts as being connected with or endorsed by OMG".

OMG alleges Mr Skinner's choice of display layout and logo and colours "was calculated to lead, and is likely to lead" customers to believe that WTF is endorsed by, connected to or associated with OMG.

The company has asked the court to make an order banning Mr Skinner from passing off his market stall by using similar "display features" or "any colourable imitation thereof" without sufficiently distinguishing his doughnuts from OMG's.

 

An OMG Decadent Donuts stall.
An OMG Decadent Donuts stall.

 

A WTF Wicked Tasty Food stall.
A WTF Wicked Tasty Food stall.

 

OMG's market stall awning is a blue-green turquoise colour, while WTF's is light green, photographs attached to the claim show.

The displays are also alleged to be similar in that samples of the flavours of doughnuts offered for sale are displayed on plates in a row across the front of the stall.

The stall also displays a table of metal bowls, with each bowl containing a different "fruit infused sugar mix" used to coat the doughnuts, the claim states.

OMG also wants the courts to order Mr Skinner reveal the profits he has made from the alleged passing off, and to compensate OMG for this lost income.

 

OMG claims WTF have copied the style of doughnuts they produce. Picture: Supplied.
OMG claims WTF have copied the style of doughnuts they produce. Picture: Supplied.

 

The company alleges Mr Skinner has operated a WTF-branded market stall or stalls under the WTF brand selling gluten-free and vegan doughnuts since September 23 last year.

It alleges that in the nine months prior to selling WTF doughnuts Mr Skinner was the romantic partner of official OMG licensee Joanne Moore and attended training in how to cook doughnuts and flavour them with fruit sugars conducted by OMG.

OMG alleges in its claim that Mr Skinner worked with Ms Moore in running her OMG stall until September when he began selling doughnuts under the WTF name.

OMG is owned by former Drift restaurant owner David Moore, 53, from Hendra and his partner Andrew Clarke, 42, from Hendra as well as solicitor Steven Morris, 62, from Ascot, according to company records.

No defence has been filed and no hearing date has been set.

Originally published as WTF? Doughnut company sues rival over copycat claims


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