A financial coach and author says she is still waiting for an apology after a Sydney social media finfluencer with a weekly radio podcast on Nova infringed her "Financial Foreplay" trademark.
Rhondalynn Korolak is a Melbourne-based accountant and entrepreneur who uses the brand to market her own financial help book and podcast.
She has successfully sued Canna Campbell in the Federal Circuit and Family Court after the financial planner, who goes under the name SugarMamma, was found to have infringed her "Financial Foreplay" trademark.
On Monday, Judge Nicholas Manousaridis ordered Ms Campbell - who jointly hosts the Nova podcast How Do They Afford That? - to pay almost $114,000 to Ms Korolak to cover most of her legal costs of running the case.
In December, the judge found Ms Campbell and her company SASS Financial Australia infringed the "Financial Foreplay" trademark by using it on Instagram and Facebook to advertise a podcast under that name.
He dismissed Ms Campbell's defence to the lawsuit denying the name of the podcast "SugarMamma’s Financial Foreplay” was substantially identical to Ms Korolak's brand.
She also claimed SASS should be liable for any infringement found, because the firm and not her was responsible for her business activities.
This defence was also rejected.
Despite these findings, Judge Manousaridis dismissed Ms Korolak's bid to be compensated, saying she had not proven what further profits the infringement actually generated for Ms Campbell through the podcast alone.
Ms Korolak's application for additional damages was also dismissed because she elected to pursue SugarMamma for her profits rather than general damages.
She has described the legal victory as more than a financial one.
"For me, this was a matter of principle because the rule of law matters, and respect for the rights of ownership is fundamental in a civilised society," Ms Korolak said earlier this month.
"I needed to stand my ground and defend my commercial assets and reputation, because I am a working mother who needs to earn a living."
On Tuesday, she expressed gratitude for the court's costs order as well as its declarations regarding the infringement.
"Campbell lost and is now on the hook for her own barrister and two solicitors plus a substantial portion of my legal costs," she said.
"Unfortunately, I am left to clean up the mess that she made.”
She questioned why Ms Campbell did not call her back and work out the matter amicably without lawyers.
“I’m still waiting for an apology, and I suspect I could be waiting for a very long time."
AAP has contacted Ms Campbell for comment.
