On Friday, the Federal Court of Australia handed down its decision in the realestate.com.au v. realestate1.com.au case.
The decision is  FCA 539.
The case concerned a generic term, that was used as a domain name, but where significant advertising had built up recognition of the brand. The Applicant lost on consumer protection grounds but was successful in relation to trade mark infringement. The case shows the risks of using a dictionary term as a brand, and the importance of a trade mark registration.
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