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#NotThatFamous: When Influencer Buzz Fails the s 60 Test


Anna Paul’s Paullie brand recently learned that viral fame ≠ trade-mark reputation.

When a name like “Paullie” has seven million Instagram followers behind it, you might think trade-mark protection is a lock.

But in Paullie Skin IP Pty Ltd v Amy Ventures Pty Ltd [2025] ATMO 208, the Delegate said “not so fast.”

Influencer Anna Paul launched her cosmetics line Paullie Skin to enormous fanfare. Three days before launch, another business, Amy Ventures, filed PAULLIE for clothing.

Paul’s company opposed under the usual influencer-brand cocktail — s 60 (reputation), s 42(b) (ACL / passing off) and s 62A (bad faith).

But timing was everything: her pre-filing use was only three days old.

⚖️ The Delegate’s Take

  • Reputation (s 60) – A few viral posts don’t equal a reputation “among the public generally” as to goods or services. Fame of the person ≠ fame of the mark.

  • ACL / Passing off (s 42(b)) – If there’s no s 60 reputation, misleading-or-deceptive conduct falls even shorter.

  • Bad Faith (s 62A) – Even if Amy Ventures knew of Paul’s impending skincare line, coincidence plus a similar name wasn’t enough to brand the filing “underhanded”.

Result: no ground made out — Amy Ventures’ PAULLIE can register for apparel.

💡 IP Mojo Take

This one stings for influencers: your personal notoriety doesn’t migrate into trade-mark reputation unless the brand itself is in genuine use for goods or services before the competitor files.

Three days of social-media buzz isn’t “reputation”; it’s anticipation.

The Delegate also drew a neat line from Killer Queen v Taylor — where Freddie Mercury’s legacy mark had a long-standing public association — to Paullie, where launch hype couldn’t bridge the gap.

The lesson here is that, in influencer commerce, “content calendar” and “filing calendar” must align. File before you tease.

🔍 The Broader Theme

We’re seeing a rise in pre-launch collisions: celebrity or influencer products generating hype before clearance.

It’s the mirror image of corporate over-filing — both remind us that reputation is earned, not assumed.

🧠 IP Mojo’s Bottom Line

🩷 Viral reach isn’t legal reach.

⚖️ Reputation is a creature of evidence, not engagement.

🕒 First to prove earlier use beats first to file — but first to file usually beats first to go live without actually using (or being able to prove earlier use of) the mark.