good faith defence

Trade mark infringement – the good faith defence

To build a brand, its vital for businesses to be aware of their rights with respect to using the intellectual property of others to avoid inadvertently infringing on someone else’s rights.  Where a person honestly and accidentally infringes another’s trade mark (Infringer) a defence that may be available is that the the mark in question was being used  in good faith.  The circumstances in which this defence is available is set out in  section 122 of the Act and is the subject of this article. [Read more…]

The ‘good faith’ defence to an unfair preference claim

This is the third article in our series on Unfair Preference payments.    The scenario that is common is that a business does the work or delivers the goods, invoices its customer and is eventually paid.   Three months later the business owner receives a letter from a liquidator demanding under threat of legal action that they be paid the money received on the basis the payment received was an unfair preference (Unfair Preference).  [Read more…]

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