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Court rejects Australia Post-Digital Post Australia trademark appeal

Australia Post has struck out again, now losing its appeal against Digital Post Australia for trademark infringement.
Written by Michael Lee, Contributor

Australia Post has lost its appeal in the Federal Court over claims of trademark infringement against Digital Post Australia.

In March last year, Australia Post revealed its own online mailbox under the name "Australia Post Digital MailBox", a week after Digital Post Australia sought to take a similar approach with its own offering.

Less than a month later, the two were in court, with Australia Post attempting to force an interlocutory injunction against its competitor as the case went before the courts. The injunction was not granted, and in August, when the case was seen, it was dismissed from the Federal Court.

Two months later, Australia Post appealed the court ruling, with CEO Ahmed Fahour stating that a huge injustice had occurred.

On Friday, however, the Federal Court dismissed the appeal with the decision that the original verdict had been correct.

In a statement, Digital Post Australia chair David Hynes said that the company had been "confident that justice would be done and the original decision upheld".

Australia Post in turn said that it is disappointed with the outcome of its appeal, telling ZDNet in a statement that it "leaves open the possibility of ongoing confusion for consumers".

It is currently considering how it will respond to the judgment.

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