Digital Post Australia has won the appeal made by Australia Post in relation to claims of trademark infringement made against Digital Post Australia.
In March last year Australia Post revealed their version of a digital mailbox called “Australia Post Digital Mailbox”, a week after Digital Post Australia unveiled their version of a similar offering.
Australia Post took Digital Post Australia to court in August 2012 with allegations of trademark infringement, misleading and deceptive conduct and passing off.
The Federal Court dismissed all claims and awarded costs to Digital Post Australia.
Australia Post appealed the decision, however last Friday the Federal Court upheld their decision, finding that “in our view, the primary judge did come to the correct conclusion in finding no deceptive similarity” between the marks of Digital Post Australia and Australia Post.
“We were confident that justice would be done and the original decision upheld,” David Hynes, chairman of Digital Post Australia said.
“We were first to market, trading under a name that accurately reflects what we do and we remain committed to the job at hand – delivering the best digital postal service to Australians, who can sign up and start using us for free, today.”
Digital Post Australia provides consumers with free access to a service that allows them to receive, organise and store essential mail digitally in one central and secure location.
This follows a global trend of mail becoming digitised and nearly 1000 companies have opted to make mail available through Digital Post Australia.
