CSR Limited v Resource Capital Australia Pty Limited [2003] FCA 279

FEDERAL COURT OF AUSTRALIA

CSR Limited v Resource Capital Australia Pty Limited [2003] FCA 279 TRADE PRACTICES – domain names– injunction – cyber squatting – whether registering a domain name through the business name of a non-trading company solely for the purpose of selling or trading the domain name to another company which has a business interest in that name constitutes misleading and deceptive conduct in the course of trade or commerce. TRADE MARKS – domain names – cybersquatting – whether registering a domain name through the business name of a non-trading company solely for the purpose of selling or trading the domain name to another company which has trade marks rights in that name constitutes infringement where the domain name would never have been used as a trade mark in relation to goods or services. Trade Marks Act 1995 (Cth) s 120 Trade Practices Act 1974 (Cth) s 52, s 53, s 79, s 80 Federal Court Rules O 37 r 3(1) Fair Trading Act 1987 (NSW) British Telecommunications plc v One in a Million Ltd [1998] 4 All ER 476 – followed Equity Access Pty Ltd v Westpac Banking Corporation (1990)16 IPR 431 – followed S & I Publishing Pty Ltd v Australian Surf Life Saver Pty Ltd (1998) 88 FCR 354 Architects (Australia) Pty Ltd (trading as Architects Australia) v Witty Consultants Pty Ltd [2002] QSC 139 – referred to Australian Stock Exchange Ltd v ASX Investor Services Pty Ltd (Burchett J, 3 June 1999, unreported) – referred to Miller Miller's Annotated Trade Practices Act 1974 (24th Ed) 2003 CSR LIMITED (ACN 000 001 276) v RESOURCE CAPITAL AUSTRALIA PTY LIMITED (ACN 077 553 765) N 1124 of 2002 HILL J 4 APRIL 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1124 OF 2002

BETWEEN: CSR LIMITED (ACN 000 001 276)

APPLICANT

AND: RESOURCE CAPITAL AUSTRALIA PTY LIMITED