IPwars.com

Mainly intellectual property (IP) issues Down Under

WTR and new gTLDs survey

World Trademark Review is running an online survey to gauge understanding of ICANN’s proposed new gTLDS and get some insight into what people are doing to prepare for these. If you are a trademark professional or in “marketing”, participate here.

Injurious falsehood and also passing off

The tort of injurious falsehood (sometimes called malicious falsehood or even trade libel) has been largely superseded (but not totally extinguished) by passing off and the modern wrongs against misleading or deceptive conduct. In a helpful, practical primer, Jagot J has had to explore its operation as one of the issues in the Jack Brabham Engines case. There is also an elementary lesson to learn in passing off. In overview, the case concerned 2 rival businesses.. Read More

The Australian High Court on trade marks

Janice Luck and Peiwen Chen have published at the Fortnightly Review an analysis of the High Court’s recent rulings in the trade mark cases: Gallo v Lion Nathan (the Barefoot case) and Health World v Shin-Sun. As Janice was one of the members of the Working Party whose review led to the 1995 Act and has been teaching trade mark courses at Melbourne Uni. for longer than she probably cares to remember, you.. Read More

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