Getting back domain names

Bromberg J orders transfer of the domain names arising from trade mark infringement, but Middleton J finds no misrepresentation in the use of vendoradvocacy.com

New gTLD process: brand owners beware

Jonathan Bailey, of Plagiarism Today fame, has a post over at the Blog Herald: “Why We Don’t Need More Domain Extensions“. As of last month, 4 new gTLDs had already been approved but more than 1,000 have made it passed the “initial evaluation stage”. Private auctions for new gTLDs where there is more than one […]

The power of a registered trade mark

If you have tried to buy, sell or rent property in Australia in the last 10 years (at the least!), like some nearly 7 million other Australians you have no doubt come across realestate.com.au, the web-portal run by REA Group. Real One also competes in that space.[1] Bromberg J has held that Real One’s logos: […]

More ‘fun’ with initial interest confusion

Following last week’s post where Arnold J found Marks & Spencer liable for buying ads on the keyword INTERFLORA because of the initial interest confusion, the 10th Circuit Court of Appeals in the USA has heavily qualified when (perhaps that should be “if” or “if ever”) initial interest confusion can constitute trade mark infringement in […]

Google not liable for sponsored links

The High Court has unanimously allowed Google’s appeal from the Full Federal Court’s ruling that Google was liable for misleading or deceptive statements in sponsored links. According to the Court’s summary (pdf): The High Court unanimously allowed the appeal. Google did not create the sponsored links that it published or displayed. Ordinary and reasonable users […]

Google v ACCC

Following on from yesterday’s post, @davidstarkoff points out that: the transcript of the special leave application can be found here; and in due course, the submissions will appear here. The hearing of the appeal has been fixed for 11 September 2012.

ACCC v Google

Apparently, back on 25 June the High Court granted Google special leave to appeal from the Full Federal Court’s ruling that Google is liable for the misleading ads placed by advertisers. Maybe the internet will be able to keep working in Australia after all. Austlii is only up to 20 June, at the time of […]

Agreements to block parallel imports

According to the Age today, a number of (fashion) importers have agreed with their overseas manufacturers that the manufacturers will not supply orders to online purchasers in Australia: Importers close door on overseas online stores by Rachel Wells. The Gerry Harvey-esque arguments about how GST makes local retailers uncompetitive get a run again but, as […]

The price of digital downloads in Australia

Apparently inspired by this report, Senator Conroy, the Orwellian named Minister for Broadband, Communications and the Digital Economy,[1] has acted to announce a new inquiry to be undertaken by the House of Representatives’ Standing Committee on Infrastructure and Communications. Reports here and here. According to that second report, someone trailed a coat on the issue […]