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ARTICLE · 11 JUNE 2014

Best Australian trade mark cases of 2013-2014

Spruson & Ferguson Lawyers
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In 2013, the Federal Court has provided useful guidance on some key aspects of trade mark infringement and protection.

AustraliaIntellectual Property
Chris Bevitt
Chris Bevitt
Wen Wu
Wen Wu
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In 2013, the Federal Court of Australia has provided useful guidance on some key aspects of trade mark infringement and protection including:

  • how registrability of trade marks consisting of foreign language words should be assessed (but stay tuned because this case has now gone to the High Court)
  • the Court's attitude to survey evidence (don't bother?)
  • when an application will be considered to be lodged in bad faith; and
  • application of the infringement defence of use of own name in good faith to an Australian importer

Unlike the bumper year of 2012, there were no cases addressing the vexed issue of parallel importation and application of the trade mark with the owner's consent.

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