From: Ian&#167;LemonStone <auda§>
Date: Fri, 25 Jan 2002 11:57:36 +1100

I noted with interest that and both have trade
mark applications pending. Assuming they are accepted, as there seems to be
no opposition, then anyone who bids for will have the domain
name removed from them if they utilise it. As the domain name must be
delegated(??) i would assume that this would infringe on the trade mark. Is
my reasoning correct?? Thus has no value?


on 24/1/02 3:20 PM, Meliza Smith at melizasmith&#167; wrote:

> You would have to investigate whether that company has any intellectual
> property rights in the name in Australia, ie a registered trade mark (easy
> to ascertain - check on the IP Australia Trade Marks Database) or 'common
> law' trade mark (very hard to ascertain without spending $$$) - remembering
> that worldwide 'fame' in a trade mark sense can be grounds for bringing a
> trade mark infringement action, even if the so-called 'infringer' is using
> the trade mark on different goods or services (see Section 120 of the Trade
> Marks Act).
Received on Fri Oct 03 2003 - 00:00:00 UTC

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