An Australian sporting fan club has set a precedent in trademark law against a giant US sports retailer in the Federal Court today.

Warren Livingstone, the owner of Australian sports tours company Fanatics, took on the US merchandise and collectibles retailer of the same name, claiming trademark infringement as it was selling sports merchandise in Australia.

The US company, founded and led by billionaire Michael Rubin, is worth $US30 billion ($50 billion).

Rofe claimed the US company started infringing on the Fanatics trademark after it began selling sports merchandise in Australia, signing apparel deals with the AFL and Rebel Sport in 2020.

Today, Federal Court Justice Helen Rofe ruled in favour of Livingstone and his company, finding the US brand had used “deceptively similar branding”, according to court documents.

“I consider that the reasonable consumer, who has familiarity with the applicant’s goods and services, is unlikely to be misled or deceived by the respondent’s conduct,” Rofe noted in her ruling.

The US company was ordered to stop selling its merchandise including clothes, headgear, scarves, towels, blankets, sports bags and water bottles in Australia.

They were also ordered to pay Livingstone’s legal fees.

Livingstone said his team was feeling exhausted but relieved.

“(I’m feeling) ecstatic, it’s been a long process but it was a comprehensive victory today, we’re really happy,” he told 9News.

“We’ve been fighting it for 14 years … eventually we could prove we’ve been around longer (than) them.

“They’re a big company, they’re worth $50 billion, that’s quite daunting.”

Livingstone has been operating sports and event tours through the Fanatics since 1997.

The company operates tours to sporting events, including the FIFA World Cup, golf majors and overseas cricket tours by Australian teams.