On appeal to the full court of the Federal Court, Accor
Australia and New Zealand Hospitality Pty Limited has succeeded in
protecting the name of a residential apartment complex as a trade
mark. That mark has been protected in relation to services dealing
with the sale, leasing and letting of those apartments and holiday
accommodation services.
Cairns Harbour Lights (CHL) was responsible for the construction
of a complex consisting of three towers of residential apartments
and a retail section, located adjacent to Cairns harbour in
northern Queensland. The development used the names 'Harbour
Lights' and 'Cairns Harbour Lights'.
The domain names 'harbourlights.com.au' and
'cairnsharbourlights.com' were licensed in January 2004 and
resolved to CHL's website, which went live in early 2004.
However, the services offered on the website related only to sales
of apartments, rather than leasing or letting services.
