Independent real estate start-up, The North Agency, fends off
property monolith, The Agency, in the Federal Court of
Australia.
In dismissing all claims against The North Agency, including
finding that The North Agency had not infringed The Agency's
trade marks, the Court affirmed recent High Court authority that in
order to establish trade mark infringement, the reputation of a
trade mark is not relevant when determining whether a trade mark is
deceptively similar to another.1
Facts
The Agency Group is a prestigious national property business
with over 400 real estate agents and an annual gross revenue of
over $70 million. The Court heard evidence of substantial monetary
investment of over $2 million last financial year in the promotion
and advertising of its registered trade marks on its website,
social media, and third-party real estate websites.
