The Federal Court has dismissed an appeal by Australia Post in relation to claims of trademark infringement made against Digital Post Australia.
The decision follows the successful defense of Australia Post’s allegations of trade mark infringement, misleading and deceptive conduct and passing off.
In the original ruling, handed down in August 2012, the Federal Court dismissed all claims with costs awarded to Digital Post Australia.
Australia Post subsequently appealed against the Federal Court’s decision in relation to the alleged trade mark infringement.
On Friday, the Federal Court upheld the original judgment, 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.
Digital Post Australia chairman David Hynes said he was always confident that justice would done.
“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.”
Launched in early 2013, 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.
Nearly 1,000 Australian companies have already opted to make mail available through Digital Post Australia.
This includes many publicly listed companies who make dividend statements, proxy voting forms, annual reports and other communications available to their shareholders through the service.
This follows a global trend of digital postal mail growing as a viable alternative to physical mail as traditional postal services around the world announce planned reductions in service delivery and some countries move to legislate the mandatory take-up of digital postal services by businesses and consumers.