The Agency Group Australia Ltd v H.A.S. Real Estate Pty Ltd

The Agency Group Australia Ltd and its subsidiaries, Ausnet Real Estate Services Pty Ltd and The Agency Sales NSW Pty Ltd, were the appellants in this case. They brought an action against H.A.S. Real Estate Pty Ltd, trading as The North Agency, and its directors, alleging infringement of registered trade marks. The respondents denied the allegations. The primary judge found that the respondents had not infringed the appellants’ trade marks and dismissed the proceeding.

The central issue before the court was whether the primary judge was correct in finding that the word mark "THE NORTH AGENCY" used by the respondents was not deceptively similar to the appellants’ registered trade marks "AGENCY" and "Logo". The appellants contended that the primary judge erred in his assessment of the evidence, particularly regarding the similarity of the marks and the risk of confusion for consumers.

The court found that the primary judge had correctly applied the principles of deceptive similarity as set out by the High Court. The court was not persuaded by the appellants’ arguments that there was a risk of confusion or that the marks were deceptively similar. The court concluded that the primary judge’s findings were supported by the evidence and there was no error in his judgment. Consequently, the appeal was dismissed.

The final orders of the court were that the appeal be dismissed and that the appellants pay the respondents’ costs of the appeal.