Sam Funnell

Managing Principal Solicitor

Commercial & Property Branch

Government Branding

Victorian Crest

S3 of the Unauthorised Documents Act Every person who directly or indirectly without the previous written authority (proof whereof shall lie upon the person accused) of the Queen, or of any member of the Royal Family, or of any Government Department in the United Kingdom of Great Britain and Northern Ireland, or of the Governor-General or Governor or other the person administering the Government of any part of the Queen's Dominions (exclusive of the United Kingdom), or of any Government Department in any such part of the Queen's Dominions, or without the authority of any Act of Parliament or Ordinance in force in any part of the Queen's Dominions inclusive of the United Kingdom—

[continuing]

S3 of the Unauthorised Documents Act a) prints publishes or distributes or sends or delivers to or serves on

any person; or

b) causes to be printed published or distributed or sent or delivered to or served on any person —

any written or printed matter whatsoever in or upon which the Royal Arms or the Arms of any part of the Queen's Dominions, or Arms so nearly resembling the Royal Arms or the Arms of any part of the Queen's Dominions as to be likely to deceive, appear in such a manner as to be likely to lead other persons to believe that permission has been duly given by or under such authority as aforesaid to use such Arms in or upon such written or printed matter shall be liable to a

penalty not exceeding 10 penalty units.

State Government of Victoria Slogan

Preventative Measures

• Trade Marks• Domain Names• Business Names

Tourism Victoria -You’ll love every piece of Victoria

The Metropolitan Fire Brigade Victoria -

MFB Protecting Our Community

Victorian Government initiative to promote healthy eating and physical

activity - Go for your life

Parks Victoria – Healthy Parks Health People

Curative Measures

• Domain Name Disputes – Uniform Domain Name Resolution Policy

(UDRP)– Informal request to registrar - auDA

• Trade Practices Legislation• Passing Off

Uniform Domain Name Resolution Policy

(UDRP) - Three Elements 1. The domain name is identical or confusingly

similar to a trademark or services mark in which the complainant has rights;

2. The domain name holder has no rights or legitimate interests in relation to the domain name; and

3. The domain name has been registered and is being used in bad faith.

“4(b) UDPR - evidence of use in bad faith”

• Domain name acquired primarily for the purpose of selling to the owner of trade mark; or

• Domain name registered in order to prevent owner of the trade mark from doing so, provided there is a pattern of such conduct; or

‘bad faith’ continued

• Domain name registered primarily for the purpose of disrupting the business of a competitor; or

• By using, the domain name, you have intentionally attempted to attract internet traffic, for commercial gain, by creating confusion as to affiliation or endorsement of your website.

Yarra Trams case

yarratrams.com.au

yarratrams.com

Recommendations

• Pre-Search • Early Registration • Law Reform