Australian company FanFirm has claimed another win against US sports merchandise company Fanatics after the Federal Court upheld their decision to limit the sale of Fanatics’ products in Australia over copyright infringement.

FanFirm owns trademarks for or that include the word ‘Fanatics’ across various categories including clothing and sportswear. The company has existed in the Australian market in various forms since 1997. 

US-based Fanatics LLC, owned by billionaire Michael Rubin and Jay Z, sells licensed sports apparel bearing Fanatics branding for the NFL, NBA, MLB, NHL and other teams and leagues in many international markets including Australia via their website.

FanFirm began legal proceedings against Fanatics in 2022 over trademark infringement. Last July, the Federal Court found that Fanatics had infringed FanFirm’s trademark rights.

The court also made an order restraining the US company from offering ‘Fanatics’ branded sports apparel in Australia, including via its website.

Fanatics appealed the decision in November, arguing they had good faith and honest and concurrent use of the ‘Fanatics’ trademark. In a recent ruling, Federal Court judges unanimously dismissed those claims.

“We love North American sports leagues in Australia & Fanatics LLC have said that Australia is their third biggest market for apparel sales. So, while it’s a big loss for them, it’s a monumental win for us,” said FanFirm founder Warren Livingstone.

“The evidence was clear from both parties. We had sold merchandise with Fanatics branding for over a decade before they began to use that brand. It really was David v Goliath. We are relieved, but ecstatic.”