However, Kosciuszko Thredbo, which runs the Snowy Mountains resort, has stopped an accommodation provider using the phrase ''My Thredbo'' while conducting its services online.

The legal fight began when ThredboNet, which manages more than 50 properties in Thredbo village, last year purchased the domain name Thredbo.com.

Kosciuszko Thredbo took the matter to Federal Court, accusing ThredboNet of misleading and deceptive conduct by operating web pages with similar content to the resort's own and registering domain names and businesses containing the word Thredbo.

The snow resort said the ThredboNet had used colours, a font, captions and a slogan similar to those used to by Kosciuszko Thredbo to market the resort.

Kosciuszko Thredbo also argued its association with the name Thredbo, a geographic location, meant the moniker had become a brand name synonymous with the ski resort. ThredboNet claimed a ban on using the name was a restraint of trade.

Justice Dennis Cowdroy heard the

matter in November and reserved judgment until this month.

In a decision published this week the judge found ThredboNet had engaged in misleading or deceptive conduct and made false and misleading representations when promoting its services online.

He ordered the accommodation booking service to stop using the phrases My Thredbo, MyThredbo, mythredbo, my thredbo, My Thredbo booking or mythredbobooking while conducting business.

But Justice Cowdroy rejected the resort's claim it had exclusive use of the name Thredbo, and rejected claims that ThredboNet's use of the brand was confusing for the public.

The judge found a clause in ThredboNet's sublease, which prevented the use of the word Thredbo, was invalid and a restraint of trade.

''That the 'No Thredbo' clause applies to 'any business carried on by the sublessee' is clearly excessive and is unreasonable. Public policy demands freedom in competition.

''The court has found Kosciuszko Thredbo has not established the secondary meaning of the word 'Thredbo' such that only [it is] entitled to use that word in any business to the exclusion of all others. [ThredboNet] accordingly has a common right, with other traders, to use the name 'Thredbo'.''

He said the term must be severed from the No Thredbo clause on subleases granted by Kosciuszko Thredbo.

Justice Cowdroy ordered Kosciuszko Thredbo pay 85 per cent of the respondents' costs of the proceedings.