Propti Pty Ltd v Sage Realty Sydney Pty Ltd [2024] ATMO 246

propti pty ltd v sage realty sydney

Case Summary: Propti Pty Ltd v Sage Realty Sydney Pty Ltd [2024] ATMO 246 (PROPTI v PROPTI CONNECT)

Propti’s grounds focussed on establishing that:

Bullet Point Icon

Sage Realty was not the true owner of the PROPTI CONNECT due to Propti’s prior use of the name PROPTI in connection with the operation of its property reporting platform, which was launched in 2021.

Bullet Point Icon

Use of the PROPTI CONNECT trade mark would cause confusion based on the Opponent’s prior reputation in the PROPTI mark.

Bullet Point Icon

S60 (Likelihood of Confusion based on reputation of the Opponent’s Mark)

Grounds Pursued by Propti:

Bullet Point Icon

S58 (Applicant not the owner of the mark)

Bullet Point Icon

S60 (Likelihood of Confusion based on reputation of the Opponent’s Mark)

Key Takeaways:

Lack of prior ownership (section 44)

Insufficient Reputation in Opponent’s Mark Established (section 60)

Bullet Point Icon
YIP Legal Secondary Logo
YIP Legal  is a Melbourne-based specialist intellectual property law firm specialising in registration, protection and enforcement of Trade Marks, Designs, Copyright, Domain name disputes, Consumer law and IP dispute resolution.
5 Everage Street, Moonee Ponds Melbourne, VIC 3039
YIP Legal Facebook IconYIP Legal LinkedIn Company IconYIP Legal Additional Icon