MANTRA GROUP WINS FEDERAL COURT CASE

Written on the 7 April 2010

MANTRA GROUP WINS FEDERAL COURT CASE

ACCOMMODATION provider Mantra Group has won a Federal Court case against a company that misused its Circle on Cavill trademark in Surfers Paradise, setting a landmark IP precedent for online booking agencies.

Mantra distribution general manager Luke Jamieson, says the verdict against Stephen Grant and Tailly Pty Ltd has ramifications for the entire accommodation and holiday industry.

“Tailly had Google advertisements that misused Mantra trademarks, so that when consumers searched for Circle on Cavill (pictured), Tailly’s advertisements were displayed,” he says.

“Tailly has been forced to transfer 10 domain names to Mantra and has to modify the content on more than 10 of his websites to comply with the injunction – the judgment shows that Tailly went to a lot of effort to design elaborate websites designed to deceive customers.

“This judgment is important for our industry because it shows that the court will enforce trademark law to protect that goodwill of companies and individuals who have purchased management and letting rights.”

He says the legal action highlights a need for developers to prioritise intellectual property protection.

“It is a misconception that trademark infringement is a victimless crime.”

Justice Reeves of the Federal Court of Australia granted permanent injunctions on Grant and Tailly from using the trademarks or similar terms, also ordering all profits from infringing bookings be transferred to Mantra.

Reeves rejected Tailly’s defence that it was entitled to infringe the trademarks because they correspond to the name of the building where it sub-let apartments.

Mantra Group manages 140 hotels in Australia and New Zealand including the Peppers and BreakFree brands.


Latest News

WHAT THE COLLAPSE OF ADWORDS MEANS FOR THE FUTURE OF ONLINE MARKETING

IT'S the story that has rocked the world of advertising. The once reliable, seamless, and lucrative Google (NASDA...

BRISBANE VFX PRODUCTION COMPANY CLEANS UP AT MAJOR INTERNATIONAL ADVERTISING AWARDS

AUSTRALIAN production company Alt.vfx has broken records in global advertising, becoming the first business to win...

CYCLONE DEBBIE FORCES MINE, RAIL AND PORT CLOSURES AS IT WREAKS HAVOC IN QUEENSLAND

COAL and gold mines in north and central Queensland are being seriously impacted as ex-Cyclone Debbie moves inland...

FLYING START TO 2017 PASSENGER NUMBERS FOR GOLD COAST AIRPORT

RECORD numbers of travellers used the Gold Coast Airport (GCA) in January this year, continuing a five-year trend ...

Related News

RAY OF HOPE FOR SLATER AND GORDON AS LENDERS STEP IN

EMBATTLED law firm Slater and Gordon (ASX: SGH) has announced to the ASX that it has launched confidential discussion...

SPROUTX PROVIDES THE SEED FOR AGTECH STARTUPS

AGTECH innovation fund SproutX has opened applications for its first accelerator round, backed by $10 million from...

GAS PRICES MAY FORCE BRICKWORKS TO TAKE MANUFACTURING OVERSEAS

BRICKWORKS Limited (ASX:BKW) chairman Robert Millner says soaring energy prices may force the company to turn to offs...

CHINA CONTINUES TO COLLECT AUSSIE PROPERTY ASSETS

CHINESE coin continues to dominate Australia's offshore real estate investment market, accounting for almost h...

EVENTS COMING UP

 

Contact us

Email News Update Sign Up Contact Details
Subscriptions

PO Box 2087
Brisbane QLD 4001

LoginTell a FriendSign Up to Newsletter