Trade mark infringement: a “Malishus” use in domain names
What if someone registers a domain name outside of Australia for their business, where the domain name corresponds to someone else’s registered trade mark in Australia? Will this constitute an infringement even where the domain name in question is not specifically directed at Australia but is accessible in Australia? The recent decision in Lamont v Malishus & Ors (No 4) [2019] FCCA 3206 found that this can still be a trade mark infringement and, in fact, can be considered “Malishus”. read more…