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ARTICLE · 09 APRIL 2009

Technology Convergence Considered In Pioneer Case

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In Pioneer Computers Australia Pty Limited v Pioneer KK ([2009] FCA 135, February 23 2009), the Federal Court of Australia has considered the issue of technology convergence in deciding whether to exercise its discretion in cancellation proceedings.

AustraliaIntellectual Property
Sean McManis
Sean McManis
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In Pioneer Computers Australia Pty Limited v Pioneer KK ([2009] FCA 135, February 23 2009), the Federal Court of Australia has considered the issue of technology convergence in deciding whether to exercise its discretion in cancellation proceedings.

Pioneer KK is an internationally famous company that is best known for its audio and visual electronic products for car, office and home use. Its related company, Pioneer Australia, distributes Pioneer KK's products in Australia.

Pioneer Computers Australia Pty Limited was incorporated in December 1996 as a distributor of third-party computers and computer parts. In 1998 it began assembling and selling its own computers and servers under the mark PIONEER, as well as providing repair and support services for its own computers. It subsequently obtained PIONEER-branded DVD writers from Pioneer Australia and used those branded DVD writers as part of its built-to-order personal computers. As of October 2007, sales of

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