OTR Takes Legal Action Against X Convenience for Copying Branding

Fuel and convenience giant OTR has taken legal action against rival operator X Convenience, accusing them of copying its branding and store features to “exploit” OTR’s success.

OTR has filed a case in the Federal Court against Andrash Pty Ltd, the group behind the X Convenience fuel network, and its director Steven Kosmidis. The company argues that the similarities in branding and store design could mislead consumers into thinking the two chains are “connected or affiliated.”

The court documents highlight several shared design elements between the two brands, including black walls with yellow trim, yellow-and-white signage, exposed brick facades, and yellow shade sails at car wash stations. OTR also draws comparisons between its C Coffee brand and X Convenience’s Coffee Station, noting that both logos feature similar colour schemes (red, white, and black) and prominently feature the letter “C.”

OTR claims these similarities are likely to confuse “ordinary and reasonable” consumers, especially in South Australia, into believing the two chains are linked. The company argues that the resemblance could draw customers into X Convenience’s “marketing web,” even if they eventually realise the distinction before making a purchase.

OTR asserts that X Convenience intentionally chose to mimic OTR’s branding to benefit from the substantial goodwill built around OTR’s image over the years. The company says X Convenience was well aware of how to exploit the strength of its rival’s brand.

As part of its legal action, OTR is seeking damages and the cancellation of trademarks for X Convenience’s Coffee Station brand, arguing they are “deceptively similar” to OTR’s C Coffee branding.

In response, Andrash Pty Ltd and Mr Kosmidis argue that their coffee trademarks are “visually, aurally, and conceptually” different from OTR’s. They also claim the way their signage is displayed makes the two brands easily distinguishable.

Furthermore, they reject OTR’s claim that store features like black walls and exposed brick have misled consumers, describing these design elements as “generic” and “non-distinctive.” According to their defence, consumers decide where to shop based on factors such as brand names or specific products, rather than store features.

Earlier this year, the Kosmidis family sold their X Convenience network, which includes over 50 stores, to BP. This came a year after the Shahin family’s Peregrine Corporation sold its 200-plus store OTR network to Viva Energy for $1.2 billion. Both chains are now undergoing rebranding as they transition to new fuel suppliers.

A Viva Energy spokesperson confirmed that OTR has initiated legal proceedings but declined to comment further while the case is ongoing. Both BP and Mr Kosmidis have not commented on the matter.

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