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Australia Post has again failed in its attempts to stop Digital Post Australia using that name, this time in the Federal Court which was asked to find that Digital Post Australia was likely to mislead or deceive consumers, and breach the Competition and Consumer Act.

It wasn’t according to the Court.

Both organisations are racing to roll out digital postbox services, which will allow people to collect and store documents such as bills and invoices online. Digital Post Australia, which is a joint venture between Computershare, Salmat and Zumbox announced its plans 11 days before Australia Post revealed its intent.

Digital Post Australia is a joint venture between Computershare, Salmat and US based company Zumbox Software (which provides the smarts behind the system which is already in use in the US). The three companies share ownership in the company on a 40, 40, 20 percent basis.

Australia Post meanwhile has also announced it will launch a digital mailbox service and that it plans to open 30 superstores where people can pick up physical mail or parcels around the clock in response to the rising demand for convenient delivery of goods purchased online.

The two organisations are battling over what could well become a very lucrative piece of online real estate, and Australia Post is keen to shore up its position. The Federal Court’s decision must come as a blow, and follows an earlier failure to secure an interlocutory order restraining the use of Digital Post Australia until the Federal Court case was heard.

On Friday the Federal Court threw out suggestions that Digital Post Australia was guilty of trade mark infringement, misleading and deceptive conduct or passing off.

The decision which was handed down by Justice Marshall noted that; “It is difficult to imagine that anyone who is competent with computer technology will have any doubt that Digital Post Australia is separate and distinct from Australia Post.”

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Beverley Head

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Beverley Head is a Sydney-based freelance writer who specialises in exploring how and why technology changes everything - society, business, government, education, health. Beverley started writing about the business of technology in London in 1983 before moving to Australia in 1986. She was the technology editor of the Financial Review for almost a decade, and then became the newspaper's features editor before embarking on a freelance career, during which time she has written on a broad array of technology related topics for the Sydney Morning Herald, Age, Boss, BRW, Banking Day, Campus Review, Education Review, Insite and Government Technology Review. Beverley holds a degree in Metallurgy and the Science of Materials from Oxford University and a deep affection for things which are shaken not stirred.

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