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South West stoush over Virgin trademark

Richard Branson's multinational Virgin Group is cracking down on a small Wilyabrup olive oil business in an effort to trademark the "virgin" tag.

Virgin Enterprises is a subsidiary of the global Virgin brand, which has sent Vasse Virgin a cease-and-desist order, backed by its corporate lawyers.

The company believes customers might get confused and associate Vasse Virgin products with its renowned global brand.

The local company has 23 staff and produces olive oil-based food, soap and skin-care products.

Co-owner Edwina Scherini said Vasse Virgin recently tried to register a logo using the same name since 2009.

"The Virgin Group has objected to the application, claiming the right to exclusive use of the word 'virgin'," she said.

Mrs Scherini said the Virgin Group had not opposed her company's use of the virgin name when it was first registered.

She said the use of the tag would not confuse consumers.

Vasse Virgin owners Edwina and Louis Scherini, locked in a dispute with Virgin Enterprises Limited over their brand trademark. Picture: Gordon Becker

"The use of a distinctive name like Vasse with the word Virgin, and the connection with a business based on olive oil, could do nothing but conjure up, in the minds of the consumers, a connection with olive oil," Mrs Scherini said.

Virgin Group Asia Pacific brand public relations and digital communications manager Elizabeth Gain said the trademark application "covers a very broad range of goods and services, some of which fall squarely into the core activities of the Virgin Group, in particular transportation services".

"Our concerns do not relate to use of the name in connection with olive oil products," she said.

Mrs Scherini said lawyers for the two companies have discussed the matter since 2013.

"Vasse Virgin agreed to a number of demands, apart from one that we felt may have the capacity to cause serious damage to our business in the future," she said.

Mrs Scherini said Vasse Virgin later received a letter from the company "stating that unless we agreed to their demands, they saw no point in participating".

She said the Virgin Group lodged a submission with Intellectual Property Australia, and Vasse Virgin would make a submission by June 10.

Mrs Scherini said the process had been "extremely stressful" emotionally and financially.

"Being a small, family-run olive oil business centred in Margaret River, we clearly do not have the deep pockets or strategic legal teams available to the Virgin Group," she said.

Vasse Virgin recently launched a survey, which asked the public if they associated its products with those of the Virgin Group.