A British man trying to register ‘Pommiebasher’ as a business name has been turned down because it’s too offensive.
The term is most commonly used to explain the rivalry between the Australian and English cricket team but the Administrative Appeals Tribunal ruled that, if taken out of a sporting context, the expression is likely to cause offence to a ‘wider audience.’
Applicant and sports journalist Peter Hanlon told the tribunal that the name has been accepted by the Registrar of Trade Marks and used to sell clothing, beer and shoes.
A British man trying to register ‘Pommiebasher’ as a business name has been turned down because it’s too offensive. Pictured: the website with the same name
The sporting items are sold on a website called ‘Pommiebasher.’
On its Facebook page the business says: ‘we’re here to celebrate the unique rivalry and camaraderie of the Aussies and the Brits, and everyone else in sport.’
‘The driving force behind Pommiebasher is a bloke by the name of Peter Hanlon. Believe it or not, he was born a Pom,’ their website states.
‘Peter set on a journey of cultural discovery that led to the development of the Pommiebasher brand: a fun celebration of the history, rivalry and mutual respect.’
The site sells t-shirts, jumpers, polo shirts, beer holders and alcohol emblazoned with ‘Pommiebasher – celebrating history on and off the field’ and a picture of a kangaroo in a tussle with a lion.
Mr Hanlon has been appealing for the name to be registered for more than three years, after lodging an application with the Australian Securities and Investments Commission in 2013.
The Pommiebasher website sells t-shirts, jumpers, polo shirts, beer holders and alcohol emblazoned with ‘Pommiebasher – celebrating history on and off the field’ a picture of a kangaroo in a tussle with a lion
After being denied twice, he then applied to Mathias Cormann’s office when he was Assistant Treasurer but was again refused.
The term ‘Pommiebasher’ is used for ‘Australian sportspeople who take pride in achieving victory over English rivals.’
On December 23, Tribunal Senior member Egon Fice found after a ‘glance at the accepted dictionaries, there is no such word as Pommiebasher.’
He said, although Mr Hanlon was critical of ASIC for looking at the word ‘pom’ and word ‘basher’ separately instead of as a whole, the expression can ‘only be understood from an understanding of the two words involved.’
‘The sense in which the word is understood by Mr Hanlon is a person who habitually strongly criticises the members of, predominantly, the English cricket team and also, possibly, their rugby team.’
He found if the name were to be a registered business name, members of the public who are ‘not necessarily followers of cricket or rugby’ would be exposed to the term.
The term is most commonly used to explain the rivalry between the Australian and English cricket team