Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2015] FCA 554

FEDERAL COURT OF AUSTRALIA

Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2015] FCA 554 Citation: Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2015] FCA 554

Parties: ACCOR AUSTRALIA & NEW ZEALAND HOSPITALITY PTY LTD and CAIRNS HARBOUR LIGHTS PTY LTD v LIV PTY LTD ACN 093 688 576, IVANA PATALANO and ELISE WYANDRA WARRING ALSO KNOWN AS ELISE BRADNAM

File number: QUD 762 of 2012

Judge: RANGIAH J

Date of judgment: 5 June 2015

Catchwords: TRADE MARKS – cross-claim – rectification of Register – ownership of trade mark – first use – domain names – registered business name – advertisements – whether trade mark capable of distinguishing services – where name of registered trade mark same as community titles scheme – extent to which trade mark is inherently adapted to distinguish – contrary to law – misleading or deceptive conduct – whether trade mark likely to deceive or cause confusion TRADE MARKS – infringement – substantially identical with or deceptively similar to – use as a trade mark – registered business name – domain name – website layout – internet advertisements – letterhead – outdoor advertising – third party accommodation listing websites – website keywords – directory listings – defence – use in good faith to indicate geographical origin – prior use of trade mark CONSUMER LAW – misleading or deceptive conduct – representations that services have sponsorship or approval – confusion amongst consumers – domain names – website layout – directory listings – third party accommodation listing websites – inaccurate description of goods or services – use of disclaimers – accessorial liability