Discussion Questions
1. What were the legal issues raised by the case?
2. What were the substantive legal principles affirmed by the case?
3. What was the factual result of the case?
4. On the basis of your reading of the case, do you think that the Trade Marks Act provides a satisfactory regime for balancing the rights of the owners of registered trade marks with other parties operating in the same industry?
Answer:
The issues raised in the case whether there was a trademark infringement by Digital Post Australia for using a similar services and domain name as registered “Australia Post” trademark. Also, whether the name used by Digital Post Australia was deceptive, and breached section 10 & 120 of the
