ZIP – Infringe Now. Pay Later?

The long-awaited judgement of the Full Court of the Federal Court of Australia was handed down in Firstmac Limited v Zip Co Limited [2025] FCAFC 30 on 19 March 2025, highlighting the importance of completing due diligence before using a new brand, and considering the principle of honest concurrent use in the context of a defence to trade mark infringement.

The appeal judgement comes some 17 months following the hearing before the Full Bench comprising of Justices Perram, Katzmann and Bromwich. The case concerned an appeal by Firstmac Limited (Firstmac), from a decision at first instance by the primary judge, Justice Markovic, who dismissed Firstmac's claims of trade mark infringement. The primary judge also upheld an application by the Respondents, Zip Co Limited and Zipmoney Payments Pty Ltd (collectively, Zip Co), for the removal of Firstmac's trade mark registration and allowed part of a cross-claim where Zip Co sought the cancellation of Firstmac's trade mark