In an appeal decision handed down on Friday, the Full Court of the Federal Court of Australia has affirmed a trial judge's decision that metatags and Google advertisements were trademark infringements.
The case is Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd
The case concerned a real estate agent advertising short term accommodation, using the name of a nearby Accor hotel (which was a registered trademark) to attract Internet users to the real estate agent's booking website.
The court confirmed findings of the trial judge that the following were trademark uses and trademark infringements: use of of the trademark in the domain name, use in metatags for the website, use in headings for the website, use in email addresses, and use in Google advertisements.
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This website has some useful links and references: http://www.epiphanysolutions.co.uk/article-index/rights-and-laws-of-the-internet/
Carly Long, an expert in domain name litigation, will teach the first half of the class this Tuesday evening. You may wish to have a look a...