Mamamia is going ahead with the launch of its Debrief Daily website, after Bauer Media dropped its legal action against the online publishing group last week.
The case was based on Bauer Media’s belief that the name “Debrief Daily” was too similar to that of its UK site, “The Debrief”, claiming it would confuse the market and consumers into thinking the sites were affiliated.
Bauer Media’s bid for an injunction failed at an interim hearing in the Federal Court in the lead-up to Christmas, with Justice Steven Rares claiming Bauer had not established a distinctive reputation in Australia for the UK site, according to The Australian.
Around 41,000 Australians have visited the UK’s The Debrief site, but most are not regular users. While Rares recognised The Debrief had established a reputation in Australia, he did not believe it was of a level high enough to justify stopping the launch of Debrief Daily.
Debrief Daily and The Debrief are aimed at different markets, with The Debrief targeting 20-something women and Debrief Daily appealing to women over 40. Rares says the Google description for Debrief Daily would clear up any consumer confusion.
“I accept that there is a possibility that there will be a risk of confusion between the two names. In my opinion, the applicant is seeking an order that would effectively prevent Mamamia being able to launch a brand using a descriptive word which has not become distinctive of Bauer in Australia or elsewhere,” says Rares.
Image: B&T.
