Opposition by InfluxData Inc. to registration of trade mark application number 1718503 (class 42) – Influx Systems - in the name of Thy Nguyen

This matter concerns an opposition by InfluxData Inc. (the Opponent) to the registration of trade mark application number 1718503, "Influx Systems", in class 42, filed by Thy Nguyen (the Applicant). The Opponent, a software company founded in 2012, provides platforms and software solutions for analysing data metrics, events, and time-based data. The Opponent relies on its ownership of various "INFLUX" trade marks, including "INFLUXDATA" and "INFLUXDB", which it claims have been available for download throughout Australia via its website since 2014, with a significant number of Australian website visits and downloads occurring. The Opponent also asserts a strong reputation in Australia for these trade marks in relation to its goods and services, leading consumers to associate them with the Opponent.

The primary legal issue before the court was whether the Opponent's trade marks, particularly "INFLUXDATA" and "INFLUXDB", had acquired a reputation in Australia by the filing date of the Applicant's application, 2 September 2015, such that the registration of "Influx Systems" would be likely to deceive or cause confusion. This involved assessing the evidence of use and reputation of the Opponent's trade marks in the Australian marketplace prior to that date.

The court considered the evidence presented by the Opponent, including declarations and annexures detailing website screenshots, download records, third-party blog posts, press releases, online community discussions, and presentation slides. The court noted that the Opponent's goods and services, offered under the "INFLUX" trade marks, have been available for download throughout Australia from its website since 2014. Evidence of Australian website visits and downloads, along with mentions in Australian blogs and online communities, were considered relevant to establishing reputation. The court applied the principles of trade mark law concerning the likelihood of deception or confusion, focusing on whether the Opponent's prior use and established reputation in Australia would lead consumers to associate the Applicant's proposed mark with the Opponent's goods or services.

The court found that the Opponent had established a sufficient reputation in Australia for its "INFLUX" trade marks, including "INFLUXDATA" and "INFLUXDB", by the filing date of 2 September 2015. Consequently, the court upheld the opposition, preventing the registration of the trade mark application number 1718503.