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...
Subjects: Trade marks

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Hyperlinks killed the radio star: High Court of England and Wales “Tunes In” to the radio streaming debate

Last month, the High Court of England and Wales delivered its judgment in a test-case for copyright and Internet communications: Warner Music UK Ltd & Sony Music UK Ltd v TuneIn Inc. [2019] EWHC 2923. The case concerned the activity of “Tune-In” an online platform that allows users to access over 100,000 Internet radio stations worldwide. read more...
Subjects: Copyright

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