Same, same but different – why you should not assume copycat business names will not be registered

In a decision handed down on 28 September 2018, the Administrative Appeals Tribunal (AAT) upheld the right to register the name Perth Martial Arts Centre even though the name Perth Martial Arts Academy was already registered, on the basis they were not similar enough to prevent registration.

The case is a reminder that when it comes to comparing business names, a common sense approach as to what constitutes an identical, confusing or misleading business name won't get you far.

The facts

The case arose after Brazilian Combat Pty Ltd (Combat) registered the business name Perth Martial Arts Centre with the Australian Securities & Investments Commission in 2016 (ASIC). Shortly afterwards, Mr Victor Stuart (Stuart) lodged an application for review, on the basis that Combat's business name was too similar to the business name Perth Martial Arts Academy which he had registered in 2006. Stuart argued that Combat's name was: