×

Warning

JUser: :_load: Unable to load user with ID: 3667
Monday, 20 August 2012 14:36

Australia Post loses bid to stall Digital Post Featured

By

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.”


The judge also identified an issue that could well become a marketing challenge for Australia Post noting that; “The important point, for current purposes, is that Australia Post has no existing reputation in a digital mail service. While Australia Post has operated some non-traditional services, such as Fax Post and eLetter, it does not operate a digital post service currently. Australia Post is most strongly associated, in the minds of the public, with physical mail services.”

The case was dismissed with costs.

According to a spokesperson for Australia Post the organisation is disappointed with the decision. It clearly disagrees with the finding noting that; “We will take time to consider the judgement and our appeal to prevent third parties from using an Australian owned, trusted brand for their commercial gain.”

David Hynes, chairman of Digital Post Australia, meanwhile said that the company was; “Pleasantly surprised by the definitive nature of the judgment.”

He acknowledged that the court case bad been a “bit of a distraction” and taken up a lot of his time, but said it had not delayed the development of the service. He said that the “Australianised” version of the Zumbox software had arrived a month ago, and was currently being tested.

A private closed group of users will be invited to start using the service next week. Mr Hynes was hopeful that after four to eight weeks of testing the service would be launched publicly in October or November.

Mr Hynes also said that a chief executive had been appointed for Digital Post Australia, with Randy Dean, a former senior vice president of Zumbox relocating to Australia to head the joint venture.


BACK TO HOME PAGE

NEW OFFER - ITWIRE LAUNCHES PROMOTIONAL NEWS & CONTENT

Recently iTWire remodelled and relaunched how we approach "Sponsored Content" and this is now referred to as "Promotional News and Content”.

This repositioning of our promotional stories has come about due to customer focus groups and their feedback from PR firms, bloggers and advertising firms.

Your Promotional story will be prominently displayed on the Home Page.

We will also provide you with a second post that will be displayed on every page on the right hand side for at least 6 weeks and also it will appear for 4 weeks in the newsletter every day that goes to 75,000 readers twice daily.

POST YOUR NEWS ON ITWIRE NOW!

INVITE DENODO EXECUTIVE VIRTUAL ROUNDTABLE 9/7/20 1:30 PM AEST

CLOUD ADOPTION AND CHALLENGES

Denodo, the leader in data virtualisation, has announced a debate-style three-part Experts Roundtable Series, with the first event to be hosted in the APAC region.

The round table will feature high-level executives and thought leaders from some of the region’s most influential organisations.

They will debate the latest trends in cloud adoption and technologies altering the data management industry.

The debate will centre on the recently-published Denodo 2020 Global Cloud Survey.

To discover more and register for the event, please click the button below.

REGISTER HERE!

BACK TO HOME PAGE

BACK TO HOME PAGE

Webinars & Events

VENDOR NEWS

REVIEWS

Comments