An Australian sporting fan club has set a precedent in trademark law against a giant US sports retailer in the Federal Court today.
Rofe claimed the US company started infringing on the Fanatics trademark after it began selling sports merchandise in Australia, signing apparel deals with the AFL and Rebel Sport in 2020. "I consider that the reasonable consumer, who has familiarity with the applicant's goods and services, is unlikely to be misled or deceived by the respondent's conduct," Rofe noted in her ruling.
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