According to the law, the brand is the intellectual property of the corporation and in practice its value lies in the hands of the customer. Try painting a Qantas roo on the side of your Cessna and see how long it takes until there is a lawyer knocking on your door.
You are entirely correct Professor, however, that brings up the issue of the
Qantas Sale Act, with the law being applied equally.
(e) prohibit Qantas from taking any action to bring about a change of its company name to a name that does not include the expression "Qantas"; and
(f) prohibit Qantas from conducting scheduled international air transport passenger services under a name other than:
(i) its company name; or
(ii) a registered business name that includes the expression "Qantas"; and
(g) require that the head office of Qantas always be located in Australia; and
(h) require that of the facilities, taken in aggregate, which are used by Qantas in the provision of scheduled international air transport services (for example, facilities for the maintenance and housing of aircraft, catering, flight operations, training and administration), the facilities located in Australia, when compared with those located in any other country, must represent the principal operational centre for Qantas; and
Will QantAsia pass these tests? For that matter does Jetstar, or any Jetstar international franchises. Shareholders have bought shares in full knowledge of the Qantas Sale Act, and its associated provisions since it was floated.