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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Domain name disputes: Will the President play his trump card again?

The Trump Organisation owns a lot of domain names – around 3,000, for everything from <TrumpOnTheRocks.com> to <TrumpRussia.com>.  Unfortunately for the President, this impressive portfolio doesn’t include <TrumpHotels.org>. Golf enthusiasts, honeymooners and high-powered executives wanting to stay at one of Trump’s 11 hotels will not find what they are looking for at <TrumpHotels.org>.  The website read more...