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ARTICLE · 13 JANUARY 2004

Stopping The Overseas Scammers

Clayton Utz
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Domestic law's limitations in dealing with Internet scams are well-known. When scams involve the use of domain names similar to registered trade marks, the mark's owner may have recourse through ICANN, but in the meantime consumers could still be deceived and harm done to the mark's reputation.

AustraliaIntellectual Property
Julian Gyngell
Julian Gyngell
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Domestic law's limitations in dealing with Internet scams are well-known. When scams involve the use of domain names similar to registered trade marks, the mark's owner may have recourse through ICANN, but in the meantime consumers could still be deceived and harm done to the mark's reputation.

A recent Australian case, Australian Competition and Consumer Commission v Chen [2003] FCA 897 (27 August 2003), shows that domestic consumer protection law, while not a perfect tool, is a useful adjunct in the fight against those using domain names similar to registered trademarks. Even when a domestic ruling might not be enforceable overseas, its impact on overseas administrative agencies is an important consideration.

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