A New Australian Development in Trade Marks and Online Infringement: The Mantra Case

Abstract

The Federal Court’s recent decision in Mantra Group v. Tailly provides an interesting illustration of how existing legal principles can be used to address the rapidly evolving area of trade mark law and online infringement. In Mantra, the court discussed how the internet operates within the context of trade mark infringement, whether there was use of words either substantially identical with or deceptively similar to registered trade marks in domain names and on websites, metatags and search engine keywords, inter alia. It is an important judgment as most of the case law in this area has emanated from either the United States or United Kingdom. This article will discuss the Mantra case in detail, and also briefly outline some of the common types of trade mark infringement on the internet.

Keywords: Advertising; Australia; Domain names; Estate agents; Online infringement; Trade marks