Catch Group is suing fellow online retailer Kogan for allegedly violating its “catch” trademarks through sponsored links on Google, claiming Kogan used the word “catch” to drive website traffic.
Catch submitted to the federal court that Kogan uses the word “catch” to drive traffic to its catchmobile.com.au domain through Google AdWords sponsored links.
Catch Group in February launched Catch Connect, its own mobile telco on the Optus 4G network, and alleged that Kogan started using the sponsored links around the same time.
“A search of Google for ‘catch connect’, ‘catch mobile’ or ‘catch mobile plans’ resulted in the identification of a sponsored link to [Kogan’s catchmobile.com.au domain], which was sponsored by [Kogan],” the statement of claim read.
Catch alleged that Kogan has been the owner of the catchmobile.com.au domain since “at least January 2018” and sold mobile phone-related products or services on the domain since May.
It also alleged that Kogan registered the domain names of catchinsurance.com.au and catchloans.com.au in March, claiming that the company was passing off its products to be related to Catch Group.
Catch alleged that Kogan contravened the Australian Consumer Law (ACL) for misrepresenting that the products from Kogan are also products and services of Catch, or vice-versa, or that the two companies are related in some way.
“The Google sponsored links representations are false, because none of the Kogan Catch mobile products or services or catchmobile.com.au is provided by, or with the licence or authority of, Catch Group, affiliated with Catch Group, or sponsored or approved by Catch Group,” the statement of claim read.