Landmark decision on the use of trade marks online
Submitted by Damien MacRae on 31 March 2010 - 3:20pm.
Last Friday, the Federal Court handed accommodation manager Mantra Group a landmark victory, ruling that an operator of websites used to source accommodation bookings had misused Mantra's trade marks. Mallesons partner John Swinson takes a close look at the decision and the implications for trade mark owners here. Mallesons represented Mantra in the litigation.
Partner:
wow, so a person who owns a
wow, so a person who owns a unit in a complex, can't use the name of the complex registered with the titles office to rent, sell his or her own unit - to advise others of its location. I am tipping your clients ran the respondent out of money, as an appeal to the high court is bound to be successful. the judge made some monumental errors at law in my view. Just because a firm is the resident manager in the a complex, with agreements with the the Body Corporate which will inevitably expire, doesn't mean they are the only entity an owner or owners can deal with to let out their property. In effect that is what this judgememt says, or the way in which your clients will selectively construe it. Your clients do have a right to use their trademark, not among other things, to force owners into letting their properties with your clients. Watch a few of the Body Corporates fight back - those who don't fancy your clients all that much as resident manager. Your clients may find they have a trademark, but alas with no letting agreement with the Body Corporate. The trademark may end up becloning as useful as a tatoo on the bum! we shall see