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).
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