Lamont v Malishus & Ors (No.4)

In *Lamont v Malishus & Ors (No.4)*, the applicant, Lamont, alleged that the respondents had infringed registered trade marks by using the word "Lamont" as part of their domain name and in their online advertising, including on Facebook. The dispute concerned whether the respondents' use of the word constituted trade mark infringement under the relevant legislation. The matter came before Judge Manousaridis in the Federal Court of Australia.

The court was required to determine several key legal issues. These included whether the use of the word "Lamont" as part of a domain name amounted to the use of the word as a trade mark. Further, the court had to consider whether the respondents' domain name was substantially identical or deceptively similar to Lamont's registered trade marks. The court also had to assess whether goods to which the word was applied were sold or offered for sale in Australia, and whether the posting of material on Facebook that included the word constituted trade mark use.

Judge Manousaridis found that the respondents' use of the word "Lamont" in their domain name and on Facebook constituted infringement of Lamont's registered trade marks. The court reasoned that the use was in relation to goods and services for which the trade marks were registered, and that the use was likely to deceive or cause confusion. The court applied the principles of trade mark law concerning the use of a mark as a trade mark, the test for substantial identity or deceptive similarity, and the territorial scope of trade mark rights.

Having established infringement, the court awarded remedies to the applicant, Lamont.