Thanks to Doug and also Mark for their wise comments (and others who have contributed). I contacted the Trademarks Office who quickly provided the advice. Didn't contact them in the first place because I assumed they, like most authorities, would not be able to provide specific advice - just the comment, "Ask to your lawyer! We cannot provide advice." However they were most helpful and the key words when it comes to this scenario are, "deceptively similar". You see, when wdog.com.au wanted that domain name, they checked the business names and trademarks register at IP Australia but noted the trademark was for 'W-Dog', not 'wdog'. Although wdog.com.au saw a difference, the Trademarks Office don't. If a Business Name/Company has a name that is deceptively similar to a trademark, then it is in breach. This does not apply to any adjectives because they cannot be trademarked. Therefore, legally, wdog.com.au is in breach of a Trademark and wdog.com.au will be registering another business name and another domain name. Regards, Chas Cleland, Manager, AUSCITY auscity§auscity.com.au www.auscity.com.au Phone: +61 3 5561 3077Received on Wed Aug 04 1999 - 17:47:09 UTC
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