Zip Co Limited & Anor v. Firstmac Limited

Lower Court Judgment

19/03/2025 Federal Court of Australia (Court of Appeal) (Perram, Katzmann and Bromwich JJ)

[2025] FCAFC 30 

Catchwords

Trade Marks – infringement - Trade Marks Act 1995 (Cth) – sections 122(1)(f) or (fa) – honest concurrent use defence – where Full Court held that primary judge erred by finding that stylised composite marks contained the form of the registered mark and another word were not deceptively similar to registered trade mark – whether the Full Court erred in finding the date for assessing the honest concurrent use defence is the date of first infringement – whether the Full Court erred in dismissing the Appellants’ claim for cancellation of the trade mark – what constitutes ‘honesty’ for the purposes of honest concurrent use – objective or subjective assessment of honesty