Internet Services Australia 1 Pty Limited v Ikonick LLC

Internet Services Australia 1 Pty Limited (the Opponent) sought to oppose the extension of protection of an International Registration Designating Australia (IRDA) held by Ikonick LLC (the Holder). The dispute concerned whether the grounds of opposition raised by the Opponent had been established to warrant refusal of the extension of protection. The decision was made by the Registrar.

The primary legal issue before the Registrar was to determine whether any of the grounds on which the IRDA was opposed had been established by the Opponent, as required by regulation 17A.34N of the relevant regulations. This determination would dictate whether protection would be refused in respect of all goods or services listed in the IRDA, or extended in respect of some or all of them, potentially with conditions or limitations.

The Registrar found that the Opponent had not established any ground of opposition. Consequently, the Registrar decided to extend protection in respect of the goods or services listed in the IRDA. The Registrar also ordered that the Holder be awarded its costs against the Opponent, as costs ordinarily follow the event in such proceedings. The Registrar directed that extension of protection would occur one month from the date of the decision, unless a notice of appeal was served, in which case the extension would be stayed pending the outcome of the appeal.