Shanahan's Australian law of trade marks and passing off / edited by Mark Davison, Ian Horak.

Pyrmont, N.S.W. : Lawbook Co., 2022.

7th edition

200298

Australian law of trade marks and passing off

Trademarks -- Australia.

Trademarks -- Law and legislation -- Australia.

Product counterfeiting -- Law and legislation -- Australia.

Introduction

Statutory definition of a trade mark

Ownership

The register and registration procedure

Signs that are registrable

Grounds for rejecting an application

Comparison of trade marks

Goods or services of the same description

Concurrent user

Conditions, limitations and disclaimers

Grouns of opposition

Certification and collective trade marks

Defensive trade marks

Amendment, cancellation and revocation of registration

Removal for non-use

Assignment

Licensing of trade marks

Infringement

Parallel importing

Passing off

Instances of passing off

Competition and Consumer Act 2010

Groundless threats of proceedings

Trade marks and some internet issues

Court proceedings

Penal offences and customs seizure

Appendix - Contrasted trade marks and names.

Shanahan's Australian Law of Trade Marks and Passing Off Seventh 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 since 2016, in light of both domestic and international developments. It also explores developments in the law of passing off and its legislative equivalents. The Seventh Edition maintains the title’s reputation for combining a practitioner focus with deeper analysis of the law. Professor Mark Davison and Ian Horak of the Victorian Bar, once again provide a fresh and authoritative iteration of this landmark work. New developments regarding registered trade marks include: Issues of quality control in Anstalt v Campari and subsequent decisions, in light of developments in passing off and in misleading and deceptive conduct relating to unregistered trade marks in Kraft v Bega; Issues of parallel importing following the Scandinavian Tobacco case and the introduction of section 122A of the Trade Marks Act; Significant refinements to considering issues of ownership, the assessment of substantial identity and comparison of trade marks after the Pham Global case. New developments in relation to misleading and deceptive conduct and passing off include: Matters of potentially descriptive subject matter updating the discussion of passing and misleading deceptive conduct, following recent decisions including Shape Shopfitters Pty Ltd v Shape Australia Pty Ltd, Stone & Wood Group Pty Ltd v Intellectual Property Development Corporation Pty. Ltd., Urban Alley Brewery Pty Ltd v La Sirene Pty. Ltd. and others; Issues of ownership of goodwill arising from Kraft Foods Group Brands LLC v Bega Cheese Ltd.; Offering professionals authoritative commentary from Australia's leading experts, Shanahan's Australian Law of Trade Marks and Passing Off continues to be the ideal reference for every trade marks matter. - Publisher's website.

Previous edition: 2016.

Includes index and bibliographical references.

9780455502618

clxx, 1244 pages ; 25 cm