Screenshot of The Agency website published by the Federal Court in its judgement.
In his published ruling, Justice Jackman also noted that material used in 2017 for The Agency Group’s website includes the statement: “brands don’t sell houses, people do”.
Mr Aldren and Mr Sila grew up on the Northern Beaches and were among the top-performing agents in this market, with Mr Aldren writing over $1 million in commissions in 2018.
Justice Jackman said he accepted Mr Aldren’s claim that at no time during his discussion with Mr Sila about a name for their real estate business (the idea to start something on their own arose during a conversation at a café in 2021) did they discuss The Agency,
The pair rejected “The North Real Estate Agency” as “too much of a mouthful” and instead liked the ring of “The North Agency”.
Screenshot of the website of The North Agency, included in the court judgement.
Dan Argent, CEO of UrbanX, the platform that assisted The North Agency set up its business and which co-funded its legal defence, called the ruling a win for David over Goliath.
Mr Argent said a loss for The North Agency would have had far-reaching consequences for the whole industry.
“If The Agency’s action had been upheld, any business using the word ‘agency’ in their company name would have been at risk of legal action. All those businesses should breathe a sigh of relief after today’s ruling,” he said.
A spokesman for The Agency said the court ruling that H.A.S Real Estate “can continue to use a trademark similar to ours” was “not what it had hoped for”,
“We prioritise the protection of our intellectual property rights and [have] invested significant resources into building and maintaining our strong brand,” he said.
“Our trademark is a vital asset that represents the hard work, dedication, and performance of our 650 real estate professionals’ success.
“We will continue to explore all available options to protect our brand and ensure that our team of 650+ real estate professionals’ hard work is recognised and respected in the marketplace.”
Submissions on the assignment of court costs are yet to be made.