Katie Echeverry v Unique Vintage Pty Ltd

This matter concerned an opposition by Katie Echeverry (the Opponent) to the registration of the trade mark UNIQUE VINTAGE by Unique Vintage Pty Ltd (the Applicant). The Opponent sought to prevent the registration of the Applicant's mark in Class 25 for various items of clothing and apparel, including bathing suits, dresses, and accessories. The Opponent claimed to be the owner of International Registration 1369546 designating Australia, also for the mark UNIQUE VINTAGE, filed on 7 September 2017.

The primary legal issue before the court was whether the Opponent had established prior rights to the UNIQUE VINTAGE trade mark in Australia for the specified goods, such that the Applicant's proposed registration would be deceptive or confusingly misleading. This involved assessing the extent of the Opponent's use of its mark in Australia, the nature of its goods and services, and the potential for consumer confusion given the similarity of the marks and the goods.

The court considered extensive evidence detailing the Opponent's continuous use of the UNIQUE VINTAGE mark since January 2000. This included evidence of online retail sales through its website since at least June 2001, international shipping to Australia since 2004, and the presence of over 500 international retailers, including in Australia. The Opponent also provided evidence of significant global turnover, advertising expenditure in Australia, features in prominent magazines and television shows that screen in Australia, and celebrity endorsements. The court noted that the Opponent's goods had been worn in television shows that screen in Australia, with promotional material for these shows featuring the Opponent's mark. Social media presence since 2009, with substantial follower numbers, was also presented.