Sir Donald Bradman's son has won the right to go to trial alleging exploitation of the legendary cricketer's name.
John Bradman and two other executors of Sir Donald's estate are suing law firm Allens Arthur Robinson, accusing it of using the cricketer's identity as a "brand name like Mickey Mouse".
Mr Bradman and the other executors are seeking unspecified damages, claiming the law firm breached its contract and were negligent in assigning Sir Donald's name to the Bradman Foundation.
Mr Bradman's displeasure became public in 2005 when the foundation licensed an Australian food company to market `Bradman' chocolate chip cookies in India.
In March last year, South Australian Supreme Court Justice Chris Kourakis ruled that the law firm had not breached its retainer and the family had taken too long to lodge action on some points of its claim.
Mr Bradman and the other executors were granted leave to appeal Justice Kourakis'ruling.
The Full Court of the Supreme Court today allowed the appeal in a majority ruling from the three judges.
