Aussie company FanFirm locked in bitter legal battle with US sports giant Fanatics LLC
A bitter dispute between the company behind “Fanatics” sports fan tours and a US sporting goods giant has come to a head in court.
Fiona Byrne
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The beloved Australian company behind the “Fanatics” fan tours is locked in a bitter David-and-Goliath legal battle with a multibillion-dollar American sporting goods company.
Aussie company FanFirm Pty Ltd, founded by businessman and sports nut Warren Livingstone in 1997, filed a case in the Federal Court late last year, bringing to a head a long-running dispute with American company Fanatics LLC.
As well as running its famous sports trips, FanFirm sells merchandise under the “Fanatics” brand and has, since 2008, held two Australian trademarks for the word “fanatics” for use on clothing and merchandise.
It also sells officially licensed merchandise for Australian sports teams, including AFL clubs.
The American company was founded as Football Fanatics in a Florida mall in 1995 and is now valued at an estimated $31bn USD.
It counts rapper Jay-Z among its investors.
It sells licensed merchandise for American and a range of international professional sports teams and in March signed a “landmark” 10-year deal with the AFL which will make it the largest manufacturer and seller of AFL and AFLW club merchandise.
In documents filed in the Federal Court, FanFirm’s lawyers claim the American company has been breaching its trademark by selling clothing and accessories in Australia through its websites.
FanFirm further alleges the American company has damaged its brand and is causing confusion among customers.
According to court documents, FanFirm “receives multiple inquiries each week from consumers who, contrary to fact, appear to believe that the (FanFirm Pty Ltd) and (Fanatics LLC) are the same or related, including inquiries regarding the status and delivery or orders placed with (Fanatics, LLC)”.
In December 2021 alone, the FanFirm received 100 inquiries from customers who seemed to have mistaken it with the American company.
FanFirm sells its merchandise on its websites thefanatics.com and fanatics.com.au, while the American company operates online stores fanatics.com and fanatics-intl.com.
Court documents show FanFirm first raised the trademark issue with the American company in 2010, before finally launching legal proceedings in November.
FanFirm claims the American company has shown “reckless disregard” in infringing its trademarks, has engaged in misleading or deceptive conduct under Australian Consumer Law, and engaged in “passing off”.
It is asking the court to permanently restrain the American company from “using the registered trademarks or any signs that are substantially identical or deceptively similar to (FanFirm’s) registered trademarks”.
The American company denies any wrongdoing, but in a shock move, filed a cross-claim in January, in which it alleges FanFirm has breached its trademarks.
Justice David Yates has ordered the two companies attend mediation in June.
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