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ARTICLE · 03 JUNE 2005

Warding off Internet Trade Mark Infringers

Freehills
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The issue of whether the offer of goods on websites that are based overseas can amount to trade mark infringement in Australia has recently been addressed by the Federal Court in Ward Group Pty Ltd v Brodie & Stone plc (April 2005).

AustraliaIntellectual Property
Craig Smith
Craig Smith

The issue of whether the offer of goods on websites that are based overseas can amount to trade mark infringement in Australia has recently been addressed by the Federal Court in Ward Group Pty Ltd v Brodie & Stone plc (April 2005). The court clarified when an Australian trade mark owner can take legal action.

The facts

Ward Group had registered its trade mark RESTORIA in Australia for anti-greying hair creams and lotions. Similar products were manufactured and sold by Brodie & Stone in the United Kingdom under the same trade mark, the explanation being that the Ward Group companies had set up business in the UK in the 1960s but had later sold that business, which is now run by Brodie & Stone. Brodie & Stone supplied its products to UK retailers and wholesalers only.

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