05 May 2026
If a business registers a domain name built around someone else’s brand, a disclaimer at the bottom of the page may not be enough to get it out of trouble. That is the practical message from a recent .au domain name decision involving marena.com.au, where the panel ordered the domain be transferred after finding it had been used in bad faith.
The dispute involved The Marena Group, a US supplier of medical-grade compression garments, and LifeHealthcare Distribution, its exclusive distributor in Australia and New Zealand since March 2024. The domain marena.com.au had been registered by an Australian respondent and was used for a webpage discussing Marena garments while comparing them with “Exquisite Bodies”, a business the panel found was linked to the respondent’s founder and connected to a competing supplier.
The respondent argued the site was only informational and comparative, and pointed to disclaimers saying it was not the official Marena website and was not endorsed by The Marena Group. But the panel was not persuaded. It found the respondent had no rights or legitimate interests in the domain, and that the domain had been used as a way to attract internet users looking for the Marena brand while promoting a competing business.
One of the most useful takeaways for business owners is this: a disclaimer does not automatically fix brand confusion. If the domain name itself trades on another party’s brand, and the surrounding conduct suggests an attempt to divert traffic or gain a commercial advantage, that disclaimer may carry very little weight. In this case, the panel said the disclaimer did not prevent a finding of bad faith.
There is another practical lesson here too. Businesses often think of domain names as a technical or marketing issue. They are not. They are part of your brand protection strategy. If you choose a domain that incorporates a competitor’s brand, particularly where the site is used to compare products, criticise the brand, or steer customers toward your own offer, the legal risk can rise quickly.
On the flip side, this decision is also a reminder for brand owners to be proactive. Securing the right domain names early, aligning them with your trade mark strategy, and keeping an eye on how your brand is being used online can save a lot of pain later. By the time a problematic domain is live, the damage may already be happening through lost traffic, customer confusion, and reputational harm.
For Australian businesses, the message is simple: online brand protection is not just about owning a trade mark registration. It is also about how your brand appears in domain names, search pathways, and competitor activity online. If those elements are not being managed properly, problems can escalate fast. This is exactly the kind of issue worth addressing early, before it turns into a formal dispute.
If your business is dealing with domain name misuse, online brand confusion, or a trade mark issue linked to website naming, IP Solved can help you assess the risk and work out the best next step.
