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 and the onus of truth

Avid readers of this blog might be aware of the au Dispute Resolution Policy (the “auDRP”). The purpose of the auDRP is to provide a cheaper, speedier, alternative to litigation for the resolution of dispute between the registrant of a domain name and a party claiming competing rights in that domain name. The auDRP is read more...

Facebook status update (Part 2): Does that domain name say ffacebook.com?

We previously posted about another legal issue that was keeping Facebook busy, namely, a dispute over its use of the term “timeline” which it settled out of Court. Meanwhile (and more than 2000 miles away), on 30 April 2013 the United States District Court of the Northern District of California handed down a report and read more...
Subjects: Social media