The name 'Bob Jane' has been one of the most recognizable in the Australian tire trade for several decades.
Bob Jane, pictured here with wife Laree, can use his name in business – but not to sell tires.
Now the 82-year-old former racing driver and founder of the Bob Jane T-Marts fast fit tire chain faces restrictions on using the name he was born with.
On Feb. 2, a legal injunction preventing Bob Jane from using his name to boost his business interests was lifted by the Federal Court in Melbourne. The injunction was applied for last year by his former T-Marts company, Bob Jane Corp., which is now run by Jane’s son, Rodney.
Bob Jane Corp. claimed the online company set up by Bob Jane infringed on the Bob Jane T-Marts trademark and misled customers by using the ‘Bob Jane’ name.
After the injunction took effect, Bob Jane changed the website’s domain name from bobjaneglobal.com to webtyre.net and posted notices on the site stating it has no affiliation with Bob Jane T-Marts. While the injunction has now been lifted, Bob Jane is still not permitted to use his name to sell tires. Jane described the court’s decision as a “moderate win.”
How did Bob Jane find himself in a position where his own name was off limits?
Jane’s initial legal position in relation to using the ‘Bob Jane’ name was weakened by advice he received from a man named Malcolm McClure. Although not a lawyer, McClure supplied Jane with legal advice that has been called “damaging” and led to Jane losing tens of thousands of dollars.
Federal Court judge Justice Anthony North described McClure as a “menace” with a fiendish hold over Bob Jane, a man who unconscionably brought down Jane and business partner Denis Rigon with his advice. “They trusted a charlatan…they trusted an incompetent, ignorant charlatan,” North said.
Information on McClure’s relationship with Bob Jane and the basis for his legal advice is murky. Kate Kornacki, current solicitor for Bob Jane, said McClure refused to provide her with background on his qualifications or training. However the Herald Sun newspaper reports an affidavit from McClure says he never claimed to be a solicitor, and that his interests lie in medicine, law, religion and the study of “fractal mathematics of genetic codes.” In his affidavit, McClure also stated “I often speak to Mr. Jane about his church of the Great God and support the good work he does in his benevolence.”
The case regarding Bob Jane’s dispute with son Rodney and the Bob Jane Corp. will be heard in court later this year. (Tyres & Accessories)