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Kim McFayden
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Hi Zac

You don’t get legal rights to a name just because you have business name registration or a domain name. Only a trade mark can do that. You would likely be infringing the existing Australian trademarks if you carried on trade in the same classes of goods that the current trade marks are registered. The trade mark owner could ask you to cease using the name and can take action to have any infringing domain name transferred to them.

Therefore you would be better off thinking of another name and make sure you do a thorough check of existing businesses using a similar name or registered trade marks.

You can read more here: http://lawcorner.com.au/find-legal-answers/business-and-commercial/#!domain-names