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ARTICLE · 15 SEPTEMBER 2014

Trade mark use and the internet – keywords and search engine optimisation

Corrs Chambers Westgarth
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The Court confirmed it was not trade mark infringement to use words of a composite trademark in the title of a web page.

AustraliaIntellectual Property
Odette Gourley
Odette Gourley
Alison Jones
Alison Jones
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When considering Australian trade mark law in the context of the internet, no special principles apply. A challenge to use of key words, search engine optimisation (or even registration and use of domain names) relies on established causes of action such as infringement of a registered trade mark, passing off or statutory misleading and deceptive conduct.

A recent Federal Court case which involved these recognised causes of action in the context of search engine optimisation is the Full Court decision of Lift Shop Pty Ltd v Easy Living Home Elevators Pty Ltd [2014] FCAFC 75.

Trade mark use and online marketing (Lift Shop case)

  • The Lift Shop case does not represent a shift in Australian trade mark law/unlawful passing off, rather, it is merely an application of orthodox principles in the context of "search engine optimisation".

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