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This is an archive article published on August 17, 2000

Restaurant owner demands compensation from Sir Don

ADELAIDE, AUGUST 16: An Adelaide restaurateur demanded compensation from cricket legend Sir Donald Bradman in an ongoing row over the use ...

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ADELAIDE, AUGUST 16: An Adelaide restaurateur demanded compensation from cricket legend Sir Donald Bradman in an ongoing row over the use of his name on her cafe. Lyn Mounsey said she was now more determined than ever to use the name after what she described as heavy-handed, bullying tactics.

"Sir Donald is a legend in his cricketing, I’d never take that away for him," she said. "But I don’t feel sorry, no, because I believe they’ve just picked on a one-man-band so to speak here and just thought that if they did this bullying, heavy-handed tactic that I’d just crumble and I don’t think that’s fair."

Her lawyers want reasonable costs associated with the dispute covered by Sir Donald and the Bradman Foundation, a charitable organisation, even though a compromise appears to have been reached. The row erupted earlier this month when Bradman, 91, instructed his lawyers demand Mounsey drop plans to name her establishment Bradman’s Cafe Restaurant. Law firm Allen, Allen and Hemsley said the world’s greatest cricketer was uncomfortable with his name being associated with the sale of alcohol.

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The letter alleged trademark infringement, misleading and deceptive conduct and passing off a product. Mounsey said she chose the name after the local council decided to rename Burbridge Road, where the restaurant is located, Sir Donald Bradman Drive from January next year.

This week Mounsey was informed she could still not use the intended name but could use Bradman Drive Cafe Restaurant although not before January. Mounsey’s lawyer, Richard Townsend, said Wednesday the demand for the delay defied commonsense. He said it appeared Bradman had now conceded that the use of his name was purely geographical and as such was permissible by law and the reference would be equally geographical in the months leading up to the official name change for the road.

Mounsey added that she saw no point in holding off for another four months as trade at the cafe, which currently nameless, had slumped 30 percent. She said the dispute had cost her more than 13,000 dollars ($7,600) in printing and associated costs. "At the moment this action is bankrupting me, because of loss of trade," she said and compensation for her losses would be appropriate considering the dispute was instigated by the Bradman Foundation.

She added that public support had been overwhelming with hundreds of callers urging her not to give in.

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Bradman became a national icon during the depression years of the 1930s. Known as "The Don," his achievements are unlikely to be equalled. He scored 6,996 runs in 52 Tests from 1928 to 1948, hitting 29 hundreds and 13 half-centuries for an average of 99.94. His highest score was 334 in the first innings against England at Leeds in 1930. He was was born in New South Wales but has lived in Adelaide since the 1930s.

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