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What amounts to use of a trade mark outside of Australia?
The case of Lamont v Malishus & Ors (No 4) [2019] FCCA 3206 (Lamont v Malishus) involved an action for infringement of a registered trade mark in Australia under the Trade Marks Act 1995 (Cth) (TMA). This case raised several issues, including, whether using a word as part of a domain name constituted “use” as…
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Clash of jurisdictions and trade mark infringement
The case of International Hair Cosmetics Group Pty Ltd v International Hair Cosmetics Limited [2011] FCA 339 (Case) considered whether use of Australian registered trade marks on a British website constituted “use in Australia” under section 120 of the Trade Marks Act 1995 (Cth) (TMA). It was ultimately held that, despite use of the two…
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Use of a competitors trade marks for comparative advertising
Comparative advertising can be a powerful tool, but it must be done within the bounds of the law. Learn more about the legal implications of comparative advertising in Australia, including the case of GlaxoSmithKline Australia Pty Ltd v Reckitt Benckiser (Australia) Pty Limited (No 2) [2018] FCA 1.
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Trade mark infringement – the good faith defence
Navigating trade mark law can be difficult. This article explains the good faith defence and what circumstances must be fulfilled for it to be available, as well as relevant case law and further info.
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Opposing a trade mark on grounds of bad faith
Court found respondent infringed copyright of Dee Snider’s works, awarding AUD $1.5 million for flagrant, contumelious infringements. Not fair or satirical.
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Case study – intellectual property protection structures
Protect your valuable intellectual property and secure revenue for product development. Learn how Dundas Lawyers can help you create an intellectual property protection structure with potential benefits for your business.
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Calculating account of profits – trade mark infringement
This article examines the calculation of damages when an account of profits is awarded as a remedy for trade mark infringement. It covers the general principle, the proportionality rule, and the deduction of overhead costs.
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Unjustified trade mark infringement threats
Comprehensive list of Australian Court decisions and related legislation covering corporate, technology, intellectual property, commercial, employment, negligence, confidentiality, copyright, moral rights, user generated content, click wrap/browse wrap, trademarks, torts and social media law.
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Do meta tags amount to trade mark infringement?
Find out how the case of Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2015] FCA 554 highlights the potential risk of trademark infringements to businesses. Read more to discover the case background, takeaways, and tips to protect your business.
Trademark infringement
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