Was a rival’s use of the phrase “Post without the office” a breach of Australia Post’s intellectual property? Which case won?
Trade mark dispute between parcel delivery company Sendle and Australia Post
Sendle Pty Ltd is a Sydney-based parcel delivery company that provides low-cost, door-to-door delivery, enabling customers to avoid physically attending a post office to send parcels.
As a start-up back in 2014, Sendle lodged an application to register the trade mark “Post without the office”. In 2015, Australia Post filed a Notice of Intention to Oppose the registration, arguing that the phrase was a breach of the Trade Marks Act because it was deceptively similar to its own trade marks and likely to mislead consumers.
The matter came before the Australian Trade Mark Office for hearing in February 2017.