Trade Mark & Intellectual Property

CATEGORIES
Trademark Non-Use Removal Proceedings – Use It Or Lose It! 08.08.19 Trade mark owners should carefully review their intellectual property licence arrangements to ensure use by their licensees is considered authorised use to mitigate the risk of successful non-use removal proceedings.

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Waters for Pirate Websites Shrinking 01.11.17 The Federal Court issued website-blocking injunctions under section 115A of the Act against Telstra and many other Australian carriage service providers that requires them to take reasonable steps to block their customers’ access to foreign online locations and URLs that allow them to illegally stream content.

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Trade Mark Infringement - not something to wine about 22.09.17 A recent Federal Court case handed down a decision of “grape” proportions which discussed when the use of a phrase or sign similar to a registered trade mark is so deceptively similar as to be considered to be infringing on the trade mark.

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CASE NOTE - Registered Trade Mark Infringement 22.09.17 The Federal Court case of 3 Florinians Pty Ltd v PYT Enterprise Pty Ltd[1]concerned an application for an interlocutory injunction for registered trade mark infringement pursuant to section 126(1) of the Trade Mark Act 1995 (Cth).

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The Importance of Trade Mark Registration 22.09.17 In order to ensure legal exclusivity for the use of your business name, product or logo, registering a trade mark is the quickest and most cost effective way to secure exclusivity and reduce the risk of adverse consequences to your business such as accusations of passing off and monetary claims being made against you.

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