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Dick Smith prevails in yeast spread stoush

AAP logoAAP 12/08/2016

Yeast spread enthusiasts can breathe a sigh of relief, after a court ruled Dick Smith's Ozemite could sit side-by-side on supermarket shelves with Adelaide brand AussieMite.

Mr Smith has won an appeal over a long-running feud surrounding the naming rights, successfully challenging a decision by a delegate of the Registrar of Trademarks.

Outside the Federal Court in Sydney on Friday, Mr Smith told reporters justice had prevailed.

"It just seemed sensible to me that our OzeMite name, we came up with it first, and we should be allowed to keep it," he said.

"If we lost this we would have had to close down the business."

He said AussieMite owner Roger Ramsay tried to strike OzeMite off the trademark register.

Mr Smith lodged an application for the name Ozemite in October 1999, court documents say.

But Mr Smith didn't launch his product until 2012, years after the Adelaide spread was already on the market, Mr Ramsey said in a statement.

His daughter, Elise Ramsey, said the disappointing decision threatened to fuel confusion.

"The names sound exactly the same. I'm a bit tired of explaining to potential suppliers that the two products are different," she said.

The Ramsey family has been ordered to pay Mr Smith's legal costs.

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