Fanatics has lost its appeal against FanFirm Pty Ltd., a small Australian company, to sell Fanatics-branded apparel products in Australia, following a lengthy litigation process that began in 2010.
Until last year, Fanatics LLC sold licensed sports apparel under the Fanatics brand for major U.S. sports leagues (NFL, NBA, MLB and NHL) in Australia via its website. In contrast, FanFirm has held trademarks for “Fanatics” across several classes, including clothing and sportswear, and has held “first user” rights in Australia, being active in various forms since 1997.
The Australian company began legal proceedings in 2022 against Fanatics, LLC, in the Federal Court of Australia for trademark infringement.
In July 2024, the Federal Court of Australia found that Fanatics, LLC had infringed FanFirm’s trademark rights. The court also ordered partial cancellation of Fanatics, LLC’s trademark for online retail store services featuring sports-related clothing. As a result, Fanatics, LLC is barred from offering or selling Fanatics-branded sports apparel in Australia, including through its website.
In November 2024, several months after the initial decision, Fanatics, LLC, appealed the July 2024 judgment.
After both parties previously appeared in court, they returned to the Federal Court of Australia before three judges. At this hearing, Fanatics, LLC argued it had good faith and honest concurrent use of the Fanatics mark. However, the judges unanimously dismissed these claims in favor of FanFirm Pty Ltd.
No Fanatics-branded jerseys or related apparel can now be offered for sale or sold in Australia. Items shown on the Fanatics, LLC website will also not be available for sale in Australia under this judgment.
Image courtesy Fanatics
