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

PROFIT BOOST FORECAST AT VILLA WORLD

VILLA World has forecast profit growth of 5 per cent in the first half of FY17 in an earnings guidance released to th...

WP CURVE SOLD TO GODADDY

NASDAQ-listed tech company GoDaddy has bought Gold Coast's WP Curve for an undisclosed sum.

The subscription-b...

BOARD SHAKE-UP TAKES OUT SURFSTITCH FOUNDER

ONLINE actionwear retailer SurfStitch Group (ASX: SRF) has announced a major board shake-up in a move that effectivel...

ORIGIN TO DIVEST UPSTREAM OIL AND GAS BUSINESS

ORIGIN Energy will spin off its upstream oil and gas business in an as-yet unpriced IPO.

It will allow the Sydney-...

Related News

HOW MCDONALD'S AUSTRALIA REDISCOVERED ITS INNOVATIVE SPIRIT

MCDONALD'S is such a ubiquitous part of the Australian landscape today that it is easy to forget how it change...

JB HI-FI IS THE GOOD GUY IN $870 MILLION ACQUISITION

ELECTRONICS giant JB Hi-Fi has formally completed its $870 million acquisition of home appliance chain The Good Gu...

ACCC ACTS AGAINST MERITON'S RIGGED REVIEWS

MERITON Property Services is under fire from Australia's main consumer watchdog, after it allegedly engaged in mi...

ACCC FIRES WARNING SHOT TO IVF PROVIDERS

IVF clinics have been put on notice by consumer watchdog, the Australian Competition and Consumer Commission (ACCC...

Contact us

Email News Update Sign Up Contact Details

Subscribe to our mailing list

* indicates required
Email Format

PO Box 2087
Brisbane QLD 4001

LoginTell a FriendSign Up to Newsletter