Legal Question in Technology Law in Australia

Someone is using my business name on their website

I am an Australian registered business and my website has the same name. I also have the domain name.

My site is quite popular online within it's niche. However someone else is using my business name and site name (but not the domain) on their site. In the search engine listings it would easily be mistaken for my site.


Asked on 1/21/08, 9:11 am

1 Answer from Attorneys
Jeremy Malcolm iLaw

Re: Someone is using my business name on their website

To stop that you would need a trade mark not just a registered business name. A business name doesn't give you any protection against someone else using the name to promote their own products and services. A registered trade mark is the best protection against that.

You may have a slim argument that you have an "unregistered" (common law) trade mark, but only if it is exceptionally well recognised so that it is confusing for the other business to use it.

It may not be too late for you to apply for a registered trade mark now. See http://www.ipaustralia.gov.au/.

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Answered on 1/21/08, 6:20 pm


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