Last edited by Arashisida
Tuesday, August 4, 2020 | History

2 edition of The Law of Trade Marks and Passing Off in Australia found in the catalog.

The Law of Trade Marks and Passing Off in Australia

Patricia Loughlan

The Law of Trade Marks and Passing Off in Australia

by Patricia Loughlan

  • 65 Want to read
  • 28 Currently reading

Published by Cambridge University Press .
Written in English

    Subjects:
  • Law / General

  • The Physical Object
    FormatHardcover
    ID Numbers
    Open LibraryOL7765823M
    ISBN 100521835194
    ISBN 109780521835190

    The Coca-Cola company has used trade secrets to keep its formula from becoming public over a period of decades. It never applied for patent protection, so it was never required to disclose the formula. Common law provides protection for infringement of trade secrets, breach of confidentiality agreements and passing off trade marks. Author of Law of Trade Marks and Passing off, Trade mark, trade name and passing off cases, Patent law, Intellectual property law, Law of copyright and industrial designs, Trade mark cases, Law of trade marks (Trade Marks Act ) and passing off, Narayanan on patent law.

    the Civil Procedure Rules (CPR), including provisions specific to trade mark cases • The Chancery Guide • The Intellectual Property Enterprise Court Guide The main sources of legislation relating to trade mark litigation are as follows: • UK trade mark law is contained in the Trade Marks Act ×.   Section of the Trade Marks Act (Cth) expressly provides that the registration of a trade mark is not a defence to an action for passing off. The court similarly found that a registered trade mark does not affect the operation of s 18 of the Australian Consumer Law.

      For example, in the landmark case between Orkin Exterminating Company (American) and Pestco (Canadian), the court ruled that the non-resident company is able to successfully obtain a remedy in a passing off action without establishing elements of use (defined under the Trade-marks . Australian Trade Mark Law provides a comprehensive overview of trademark law in Australia and encourages readers to engage critically with the operation of the Australian trademark system as a whole. It moves beyond a purely descriptive account of existing legislation and case law to help readers to view and question the law through a critical lens.


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The Law of Trade Marks and Passing Off in Australia by Patricia Loughlan Download PDF EPUB FB2

Shanahan's Australian Law of Trade Marks and Passing Off Sixth Edition provides a fully updated analysis of the law of trade marks and passing off in Australia.

This work analyses changes in trade mark law in the years since the last edition published, in. Passing off and trade mark law. A cause of action for passing off is a form of intellectual property enforcement against the unauthorised use of a get-up (the whole external appearance or look-and-feel of a product, including any marks or other indicia used) which is considered to be similar to that of another party's product, including any registered or unregistered trademarks.

ISBN: OCLC Number: Notes: Revision of: Australian trade mark law and practice. Includes index. Description: 1 volume ; 25 cm. Shanahan's Australian Law of Trade Marks and Passing Off Sixth Edition provides a fully updated analysis of the law of trade marks and passing off in Australia.

This work analyses changes in trade mark law in the years since the last edition published, in. Passing off is similar to trade mark infringement, but applies to protect unregistered rights associated with a particular business, its goods or services. Passing off actions can be brought in a wide range of situations, including to protect business names and features of “get-up” or “trade dress”.

The article provides an overview of passing off, trade mark infringement, and misleading and deceptive conduct, and analyses the extent to which litigants might still benefit from bring an action for passing off (either in addition to, or instead of, an action for trade mark infringement or.

The safety net that catches unregistered trademarks - the old "tort of passing off" and misleading and deceptive conduct. Trademarks are vital business tools comprising of any letter, word, name, signature, numeral, brand, label, packaging, shape, colour, sound or.

This is true of the law of passing off, because whereas the law of passing off allows a person to claim a remedy for the damage that has already been done, the legislation incorporated within the Trade Marks Actallows a person to address problems which might arise in the future, ensuring that if it becomes necessary to institute legal.

strike off trademarks from Registers of Trade Marks which due to prior rights existing for the purposes of passing off cost of publishing corrections by the claimant Those that cooperate to pass off one business as the other participate in a common design.

Australian Trade Mark Law, second edition, provides a comprehensive overview of trade mark law in Australia and encourages readers to engage critically with the operation of the Australian trade mark system as a moves beyond a purely descriptive account of existing legislation and case law to help readers to view and question the law through a critical lens.

AND UPON the Court finding for the Claimant in respect of its claims for infringement of UK registered trade mark no.

[insert number] (the UK Trade Mark) and European Union trade mark no. [insert number] (the EU Trade Mark) and for passing off. Equivalent to s 44 of the Australian Trade Marks Act Application No Registration Nosand Section Contrary to s 17(1)(a) and ss 25(1)(b) and (c) of the New Zealand Trade Marks Act Shanahan’s Australian Law of Trade Marks and Passing Off 4th edition, Lawbook Co, p Intellectual Property Law aims to provide a comprehensive text on all aspects of this field.

The first part looks at the complexities of copyright law, from authorship and first ownership to infringements and defences.

It also covers moral and related rights. The second part looks exclusively at passing off. Then the text turns to trade marks. The book covers a number of areas of intellectual property law including copyright, patents, the legal regulation of designs, trade marks and passing off, confidential information, and litigation and remedies.

The volume includes a new chapter on the tort of misuse of private information. There is some protection provided to unregistered trade marks, although this can be difficult and costly to enforce.

Registering a trade mark is the best way to protect your brand. Common Law Protection: Passing Off. Trade marks are protected under the Trade Marks Act (Cth). Alternative protection is provided through the common law tort of.

CHAPTER 1 THE CONCEPT OF PASSING OFF. Passing off is a wrong, a common law tort which protects the goodwill of a trader from misrepresentation. Misleading the public into believing falsely, that the brand being projected was the same as a well known brand is a wrong and is known as the tort of “passing off” [].

As held in the famous case of N. Dongre Vs. Fishpond Australia, Shanahan's Australian Law of Trademarks and Passing Off by Mark Davison Ian P HorakBuy.

Books online: Shanahan's Australian Law of Trademarks and Passing Off, Statutory remedy is available for infringement whereas the action for passing off is a common law remedy.

For infringement it is necessary only to establish that the infringing mark is identical or deceptively similar to the registered mark but in the case of a passing off action, the need is to prove that the marks are identical or.

The legislation does not codify the law of trade marks in Australia; as a common law jurisdiction, a trade mark owner may also (for example) seek to protect its rights through legal proceedings for passing off. Section 17 of the Trade Marks Act defines a trade mark as "a sign used, or intended to be used, to distinguish goods or services dealt.

Under the Trade Marks Act('the old Act') the law on point was set down by Windeyer J in Smith Kline and French Laboratories (Australia) Ltd v Registrar of Trade Marks: "A trade mark is defined in the Act as `a mark used or proposed to be used in relation to goods' for the purposes stated.

If your trade mark is not registered and another person uses it you may have to take passing off action under common law, or claim for a breach of Section 18 of the Competition and Consumer Act if you want to stop them.

As Australia is a common law country, it is possible to protect an unregistered trademark under the tort of passing off. Unregistered trademarks .Robert Burrell and Michael Handler, 'The Intersection between Registered and Unregistered Trade Marks' () 35 Federal Law Review For the purposes of this article, passing off and related statutory causes of action such as those relying on s 52 of the Trade Practices Act (Cth) will be treated as identical.

See Mark Davison, Kate Johnston and Patricia Kennedy, Shanahan's Australian.