Australian actor and director, Yahoo Serious, famous for films such as Young Einstein and Reckless Kelly, is taking on internet namesake and giant of web portals, Yahoo, in court.

Serious is fighting the internet portal for trademark of the word "Yahoo", first filed in August.

Although Serious changed his name by deed poll back in 1980, and Yahoo only registered the Yahoo.com web address in 1995, things aren't looking too good for the Oz comedian.

Technically, if the Yahoo web portal wins and Serious were to release merchandise under the name "Yahoo", the portal may be able to sue for infringement.

Serious also claims that his international fame also leads to confusion. When people see the word "Yahoo", he claims they immediately associate with himself and not with the web portal.

But the court doesn't look to be ruling in his favour at the moment. A report from the Australian Trade Marks office finds that "the evidence shows that Mr Serious does not use his name, Yahoo Serious, or his forename, to distinguish goods or services.

"It is true that he writes, directs and produces motion picture films in which he stars; however, it is not apparent in the evidence that either of the words 'Yahoo Serious', or the word 'Yahoo', are used as a trademark in relation to the films."

Therefore, "Mr Serious has not succeeded in his oppositions to registration of applications under any of the grounds on which it was argued," said the Trade Marks office.

Serious had also tried to argue that he received a significant amount of mis-directed mail, through confusion with his name and the portal.

But the trademark official added: "I do not believe that I can accept the evidence of misdirected mail as being evidence of confusion or deception. The postal items have simply been delivered to the wrong person, a phenomenon that most people have encountered."

But Serious maintains that since changing his name in 1980, "Yahoo has been known as Yahoo and called Yahoo by family, friends and professionally ever since."

"Originally I attempted using a barcode, but that obviously led to all kinds of problems," he added.