John Bradman, the son of legendary Australian cricketer Sir Donald Bradman, has won the right to go to trial over the exploitation of his father's name.
According to the Daily Telegraph, John Bradman and two other executors of Sir Donald's estate had sued law firm Allens Arthur Robinson, alleging they had used the cricketer's identity as a "brand name like Mickey Mouse".
Bradman and other executors were seeking unspecified damages, claiming the law firm had breached its contract and were negligent in assigning Sir Donald's name to the Bradman Foundation.
John Bradman's displeasure became public in 2005 when the foundation licensed an Australian food company to market 'Bradman' chocolate chip cookies in India.
Allens legally advises the foundation, which licenses the Bradman name to corporates to support the Bradman Museum and Bradman Trust.
In March last year, South Australian Supreme Court Justice Chris Kourakis ruled the law firm had not breached its retainer and the family had taken too long to lodge action on certain points of its claim.
Bradman and the other executors were granted leave to appeal Justice Kourakis' ruling.
On Monday, the Full Court of the Supreme Court allowed the appeal in a majority ruling from the three judges.
The ruling means the matter can proceed to trial at an as yet undetermined date.
