OSCIUSZKO THREDBO PTY LTD V THREDBONET MARKETING PTY LTD [2014] FCAFC 87

2014-07-21 14:07:09

The full court of the Federal Court of Australia today handed down its decision in the Thredbo case. The Court dismissed the appeal. In essence the appellants' case was that they were identified as "Thredbo" in the public mind and substantively any use of that word in relation to activities or businesses that where, or could be, conducted at that place would be associated with them: [40]. The Court rejected that argument, and made the point that the appellants are not entitled to a monopoly in the use of the word "Thredbo" in association with accommodation in Thredbo. It re-iterated that Thredbo is a geographical location where people other than the appellants conduct businesses: [31]. The Court also found the restraint in the sub-lease did not apply to the dispute.