Queensland couple's butcher locked in costly trademark battle

Luke and Michelle Jensen have a big passion for meat.

But a costly trademark war has halted the family-owned butcher's plans to beef up operations across Australia.

The Jensens run Meat Cellar in Toowoomba, Queensland, with two stores already in the region.

Meat Cellar is a cut above the rest – not just in meat but in its unique design.

"I wanted a brand for women," Mrs Jensen told A Current Affair, explaining that the counters were made lower for women to engage with butchers.

"Butcher shops can be intimidating but our branding and our shop and our feeling and that connection, that's what makes us, us"

The couple jumped through all the legal hoops to register and protect their business name and livelihood, including paying for the wordmark and trademark for Meat Cellar.

That's when things started to unravel.

The Jensens discovered a shop on the Gold Coast, the Bermuda Butchery, wanted to add the words "Meat Cellar" to its name too.

"We were gutted," Mr Jensen said.

"We couldn't believe that it was actually allowed."

"We truly and honestly thought we owned the words Meat Cellar for a butcher shop," Mrs Jensen added.

After a two-year legal fight, the Jensens lost their trademark battle.

A hearing with IP Australia acknowledged there were similarities in the businesses but it found their names weren't identical and were unique enough to co-exist and be used by both businesses.

The Jensens worry it will only confuse customers and derail their plans to build a franchise.

A costly appeal in the Federal Court is now their only option.

"There's more expense, there's more heartache," Mrs Jensen said.

In a statement, Bermuda Butchery told A Current Affair: "The decision upholds our use of this descriptive term as being consistent with Australian trademark regulations.

"To be absolutely clear, we have never had any intention of branding, trademarking, or trading under the name Meat Cellar as a standalone brand.

"It has always been used purely to describe a key element of our in-store experience."

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