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Karen Walker’s Latest Win Wasn’t on the Runway; It Was with IP Australia

By Samantha Ludemann | Associate

When you think of the brand ‘Runaway Girl’, you automatically think of the designer Karen Walker, who first introduced the iconic image of a marching girl with a bindle in 2001.

Ms Walker’s latest victory didn’t come on the runway, but at the Trade Marks Office, where her company successfully opposed the registration of the Sydney based fashion brand’s trade mark, ‘Runaway the Label. 

The Trade Mark’s

Runaway the Label is part of an international fashion house known as Premonition Designs Pty Ltd and Mamta Group Pty. Based in Sydney, Runaway the Label specialises in trend-driven fashion, offering statement dresses designed for bold, empowered fashionistas. In early 2021, the company filed a trade mark application 2155513 for “Runaway the Label” in Australia, covering clothing, apparel and related retail services under Classes 25 and 35. 

In March 2023, Karen Walker Limited filed a notice of intention to oppose Runaway the Label’s trade mark. The opposition grounds centred mainly on the argument that the applied-for mark ‘Runaway the Label’ was too similar to Karen Walker Limited’s existing ‘Runaway’ mark, potentially misleading consumers. 

The trade mark application for “Runaway the Label” was accepted with the endorsement “Provisions of paragraph 44(3)(a) and/or Reg 4.15A(3)(a) applied” indicating a that acceptance relied on provisions for honest concurrent use, likely required to overcome the earlier registration of ‘RUNAWAY’ by Karen Walker Limited.

Karen Walker’s Reputation

Originally from New Zealand, Karen Walker, has gained immense popularity globally since 2002 for its elegant style and pieces that are directional and wearable.  

Karen Walker holds multiple trade marks in Australia, including ‘KAREN WALKER’ and ‘RUNAWAY’, across key fashion-related classes such as Class 25 (clothing), Class 14 (jewellery), and Class 9 (eyewear), with her earliest registration dating back to 1999. 

A recognised figure in The Business of Fashion’s influential BoF 500 for seven consecutive years and a favourite among celebrities such as Gigi Hadid, Rihanna, and Michelle Obama, Walker has established a strong identity and presence for both herself and the Runaway brand in the fashion industry. 

The Opposition

Karen Walker Limited pursued their opposition under several grounds of the Trade Marks Act 1995 (Cth), including deceptiveness (s 42(b)), likelihood of confusion due to prior marks (s 44), ownership (s 58A), reputation-based claims (s 60), and bad faith (s 62A). 

The Registrar found that “Runaway the Label” was deceptively similar to the earlier mark “RUNAWAY”.  

In contrast to the Examiners decision accept the “RUNAWAY” application on the basis of honest concurrent use, the Delegate rejected the Applicants’ reliance on s 44(3)(a), which allows for honest concurrent use, finding that the provision did not apply in this case. While there was no evidence of dishonesty or surreptitious conduct, the Runaway the Label failed to show they had taken reasonable steps—such as conducting clearance searches or seeking legal advice, before adopting the mark. Their continued use of the mark after becoming aware of the earlier registration, and the significant likelihood of confusion, weighed against them also. 

Ultimately the Registrar upheld the opposition, and refused registration of trade mark application number 2155513 for “RUNAWAY” in the names of Premonition Designs Pty Ltd and Mamta Group Pty. 

The decision was made primarily on the basis of the similarity of the marks and the overlapping nature of the goods and services. The Registrar noted that the opponent focused its submissions on sections 44 and 60 of the Trade Marks Act 1995 (Cth). As these grounds were ultimately sufficient to uphold the opposition, it was unnecessary to consider the remaining grounds raised. 

Not all is over – trade mark application no. 2212562 for the word mark “RNWY”, in the name of Premonition Designs Pty Ltd and Mamta Group Pty Ltd, covering clothing and related retail services, was accepted for registration but is also the subject of opposition proceedings initiated by Karen Walker Limited. A hearing has been held, and a decision on the opposition is currently pending. 

What’s next for Runaway the Label? 

Runaway the Label may continue operating under its current branding in Australia for now, but it remains exposed to potential legal action, including trade mark infringement proceedings, by Karen Walker Limited. Despite the uncertainty, the brand appears to be proceeding with business as usual – it has remained active on social media and recently launched its end-of-financial-year sale. 

This decision is a reminder for brands and owners to run trade mark checks before adopting new names and brands and submitting to IP Australia. If you are interested in learning more about trade mark registration in Australia or require assistance in protecting your brand, contact us for a complimentary consultation with us at XVII Degrees. 

More Insights

References:

[1] Runaway the Label Pty Ltd v Runaway NZ Ltd [2025] ATMO 103. (2025). Australasian Legal Information Institute. Retrieved June 19, 2025, from https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/ATMO/2025/103.html

[2] Karen Walker. (2025). Runaway Girl Pendant Silver. Retrieved June 19, 2025, from https://www.karenwalker.com/products/runaway-girl-pendant-silver

Featured Image by Imkara Visual on Unsplash.

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