trade marks act

Evidence from the Wayback Machine

The utility of evidence relating to the existence of websites on the internet and their contents sourced from the Wayback Machine is increasingly being considered by Australian Courts.   The question is whether or not the Courts will accept reports from the Wayback Machine in practice and if so what will they allow? [Read more…]

Can you infringe a trade mark by exporting a product?

A trade mark is a sign used to distinguish goods or services from other similar goods or services, generally to associate that good or service with a brand.  Trade mark signs are a valuable form of intellectual property as they allow consumer to quickly and easily associate products with their favourite brands.  In Australia, the Trade Marks Act 1995 (Cth) (Trade Marks Act) provides protection for the owners of registered trade marks.  In this article, we consider whether a person infringes a trade mark by manufacturing a good to sell overseas rather than in Australia – does the Trade Marks Act protect the Australian trade mark owner? [Read more…]

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