Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 13 MAY 2026

When “Honest Use” Isn’t Enough: What The High Court’s Zip V Firstmac Decision Means For Your Brand

Coleman Greig Lawyers
Explore more from Coleman Greig Lawyers

The High Court of Australia has delivered a landmark ruling in Zip Co Ltd v Firstmac Ltd that fundamentally changes how businesses must approach trade mark conflicts. This decision clarifies when the 'honest concurrent use' defence applies and establishes that knowledge of a conflicting mark creates serious legal obligations that cannot be ignored.

AustraliaIntellectual Property
Janani Iyer
Janani Iyer
Author LinkedIn connections

The High Court of Australia has delivered an important decision for businesses using or planning to use trade marks in competitive markets: Zip Co Ltd v Firstmac Ltd [2026] HCA 16.

While the case arises from a high-profile dispute between financial services providers, the lessons apply much more broadly. In particular, the decision provides much needed clarity on the scope and limits of the “honest concurrent use” defence to trade mark infringement.

For brand owners, startups, and established businesses alike, the message is clear: once you are on notice of a potential trade mark conflict, continuing to use your brand without properly addressing that risk can be fatal.

A Brief Background

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Counterfeit Imports – Tougher Penalties At The Border

Australia strengthens its response to counterfeit goods importation through new legislation that creates strict liability offences and enables infringement notices at the border. The amendments aim to make counterfeit importing unprofitable by ensuring penalties and seized goods exceed potential profits. How will these changes impact intellectual property rights holders and importers operating in Australia?
AustraliaIntellectual Property
Pointon Partners
Pointon Partners
Article

Supporting ‘Human Artistry’: Wholly AI-Generated Recordings Disqualified From ARIA Charts In Australia

The Australian Recording Industry Association has amended its chart eligibility guidelines to exclude songs predominantly created by generative AI, sparking debate about the intersection of artificial intelligence and copyright law. This decision mirrors broader legal challenges facing courts and regulators worldwide as they grapple with determining when AI-generated or AI-assisted works deserve copyright protection and recognition.
AustraliaIntellectual Property
K&L Gates
K&L Gates
Article

How Can You Retain Intellectual Property When A Client Will Not Pay?

A service provider who has not assigned their intellectual property still owns it, regardless of what the invoice says. Under the Copyright Act 1968 (Cth), the creator owns copyright by default, and ownership moves only by written assignment. Paying a designer or developer does not transfer ownership on its own. That default gives service providers real leverage where a client refuses to pay. Retention and suspension clauses turn the default into a contractual right to withhold deliverables.
AustraliaIntellectual Property
LegalVision
LegalVision
Article

Benchmarking “not Too Closely” – Is It Still Too Close?

The Full Federal Court has clarified the test for copyright infringement in artistic works on product packaging, rejecting a generalised 'look and feel' approach in favour of detailed side-by-side comparisons. In a dispute between Aldi and Hampden Holdings over baby snack packaging, the Court found that five of Aldi's eleven MAMIA designs infringed copyright, despite Aldi's deliberate strategy to stay 'not too close' to its competitor's benchmark designs.
AustraliaIntellectual Property
Piper Alderman
Piper Alderman
Article

Protecting The AI Systems Competitors Can Actually Copy

Businesses building AI products on third-party models face a critical intellectual property challenge: determining what parts of their AI systems can actually be protected when competitors have access to the same underlying models. This analysis explores where protectable value sits in AI workflows, from data retrieval and validation processes to system integration and deployment architecture, and why patent strategy must focus on the commercially defensible elements rather than just the AI model itself.
AustraliaIntellectual Property
Spruson & Ferguson Lawyers
Spruson & Ferguson Lawyers