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ARTICLE · 09 SEPTEMBER 2024

FanFirm Pty Ltd v Fanatics, LLC – Defences under the Trade Marks Act

Piper Alderman
Piper Alderman
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Piper Alderman

Piper Alderman

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The decision serves to underline two fundamental considerations needed for those operating within the Australian market.

AustraliaIntellectual Property
Tim O’Callaghan
Tim O’Callaghan
Travis Shueard
Travis Shueard
Kurt Schenk
Kurt Schenk
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The Federal Court decision of FanFirm Pty Ltd v Fanatics, LLC [2024] FCA 764 outlines what happens when two businesses with similar branding co-exist for several decades, before discovering that their business activities were slowly moving closer together, ultimately leading to dispute. The decision also considers the necessities for appropriate evidence when relying on defences under the Trade Marks Act 1995 (Cth) (TMA).

Background

The Applicant, FanFirm Pty Ltd (FanFirm), is an Australian company that began trading as a cheer squad for the Australian Davis Cup tennis team in 1997. It has since expanded into offering travel, tours and merchandise for (primarily) international sporting events.1 It has operated its business using the registered trade mark "Fanatics" and the device mark below since 2008.2

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