In October, Melbourne-based Lifestyle Communities launched legal proceedings against Stockland, alleging “Stockland has engaged in misleading and deceptive conduct by using the trademarked brand, ‘Lifestyle Communities’. Now Stockland has launched this YouTube video for its “Over 55s lifestyle communities in Victoria”.
Lifestyle Communities only operates in Victoria, and land lease competitors have been few. But now Sydney-based Stockland, which has one community in Berwick and four being built: Stockland Halcyon Horizon, Stockland Halcyon Jardin, Stockland Halcyon Evergreen and Stockland Halcyon Highlands.
Stockland has retorted and stated “lifestyle communities” are simply two words.
“The terms ‘lifestyle community’ (singular) and lifestyle communities’ (plural) are understood by consumers as describing or referring to over-50s land lease services generally and not the over-50s land lease services of any particular supplier,” it told the Federal Court.
James Kelly, Co-Founder and Managing Director of Lifestyle Communities, has been left apoplectic.
“We are completely bewildered by the hardline actions Stockland is taking in response to what we consider a fair and straightforward request to cease using our brand ‘Lifestyle Communities®’ in their marketing and advertising.
“Lifestyle Communities was founded by myself, Dael Perlov and Bruce Carter in 2003, at which time we chose a name unique to the industry in Australia. For the following two decades we have been diligently growing the business and building awareness under that brand. Before us, a ‘Lifestyle Community’ was simply not in the vernacular of the industry.
“The argument from Stockland that the brand Lifestyle Communities® is simply two common words to describe a product does not wash with us. There is so much work we have put into establishing our brand. Not to mention the same could be said for the common words ‘stock’ and ‘land’.
Stockland knows more than most, two words put together with a sustained period of investment and nurture can become very powerful brands. In applying to have our trademark removed we allege that they are demonstrating contempt for their consumers by intentionally seeking to confuse.”
Hometown Australia states it has a “range of over 50's lifestyle communities in New South Wales”.
Browse over 5000 retirement living and retirement homes in Victoria on villages.com.au
