Home – New Forums Starting your journey Trademark vs Registering Business Reply To: Trademark vs Registering Business

#1038827
Snakeman
Participant
  • Total posts: 329
Up
0
::

A recent case

Dear all,
a recent case judgement:
Mantra Group Pty Ltd v. Tailly Pty Ltd [2010] FCA 291
is important in terms of trademarks and internet and trademark rights.
In essence a trademark owner sued another company bootlegging their trademark on the internet to steal clients (or that’s the gist of the case).
the trademark owner sued and got:
compensation, legal costs and the court ordered the websites changed and ownership of domains transferred to the trademark owner.
Since my last post (above), I have been made aware of over 20 cases of bootlegging of another of our trademarks “hands on reptiles” by more than one newly licenced competitor for the sole objective to steal our work via searches under the term for our business trademark, with some infringers coming up “one” on google, as a result of their “SEO” (search engine optimisation) methods.
We are actioning these people with cease and desist letters in the next 14 days.
Without deliberate SEO by these people, these outfits wouldn’t get on page one of the searches and hence be of no concern to us (we have as a matter of course until recently won all searches using our trademark for several of our domains, thereby “clean sweeping” page one results on google, etc).
The trademark rights enable the owner to bypass the time consuming “tit-for-tat” battles with SEO experts and website owners with more time and money than ourselves and to simply assert their rights to enable customers to find them when they look.
ALL THE BEST
Snakeman