Hervey the Whale is back

THE Fraser Coast council's iconic festival mascot Hervey the Whale is no longer an endangered species.

For the past few years the council has used the mascot to promote Hervey Bay's annual whale festival but his future appearances came under threat earlier this year when a booking agent trademarked the name for a tourism website.

Oliver Toplis of Kingsmill Brokers saw a marketing opportunity in using the name for the whale watch tours website after seeing the character's popularity at a festival two years ago.

He threatened the council with legal action should event organisers continue to use the character Hervey the Whale and anything associated with the name without his permission and even then, it would cost them.

This week Mr Toplis confirmed he had discussed the trademark dispute with council officers and had decided not to take any further action.

The website will continue to operate under the name www.herveythewhale.com but the council will be able to use the name.

“They can continue to use the name for free,” Mr Toplis said.

“We would like to thank the local community for their continual support of our website and we look forward to a bumper whale watching season in Hervey Bay.”

Hervey the Whale is expected to make his next appearance at the Hervey Bay Whale Festival on Saturday, August 6.

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