Airbnb Inc v Aircamp Group Pty Ltd

This matter concerned an opposition filed by Airbnb Inc. (the Opponent) against an application by Aircamp Group Pty Ltd (the Applicant) to register a trade mark. The dispute arose from the Applicant's attempt to register a trade mark for services, which the Opponent contended should not proceed. The decision was made by Katrina Brown, a delegate of the Registrar of Trade Marks.

The court was required to determine whether any of the grounds of opposition raised by the Opponent under sections 42(b), 44, 58, 58A, 60, 62, and 62A of the *Trade Marks Act 1995* (Cth) were established. The Opponent bore the onus of proving at least one of these grounds on the balance of probabilities, with the relevant date for assessing the parties' rights being 19 September 2018.

The delegate found that the Opponent had successfully established the ground of opposition under section 62A of the Act. The delegate noted the Opponent's significant business operations in Australia, providing an online marketplace for accommodation and experiences under the "Airbnb" trade mark, which contributed substantially to the Australian tourism economy. While the Applicant filed a declaration containing a confidentiality clause, the delegate adopted the approach of previous decisions where unidentified confidential information did not preclude discussion of evidence to the necessary degree for sensible reasons.

Consequently, the delegate refused to register the Applicant's trade mark. The delegate also awarded costs against the Applicant in accordance with the usual practice that costs follow the event.