When does use on a website infringe an Australian trade mark registration?

Lamont v Malishus & Ors (No.4) [2019] FCCA 3206

On 14 November 2019, Manousaridis J of the Federal Circuit Court handed down his decision in the trade mark dispute over use of the name "MALISHUS".
The Court found infringement of MALISHUS trade mark registrations through use of that word in domain names and on Facebook pages offering for sale clothing in Australia.

Background

The applicant, Darren Lamont ("Lamont") is a musical artist who has been performing under the name "MALISHUS" since 2005.

Lamont owns four registrations for trade marks containing or consisting of the word MALISHUS, namely:

• no. 1127629 in class 25 for clothing, accessories, headwear and footwear;