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. Bromberg J has held that Real One’s logos: did not “pass off” REA Group’s logos: Nor did they infringe REA Group’s registered trade mark:  However, the.. Read More
The Full Court has partially allowed an appeal from Foster J’s decision to order Knott Investments to stop using the Winnebago trade marks for “campers” or RVs not made by Winnebago. As a result, Knott can continue to use “Winnebago” if it can make it clear it is not associated with the Winnebago company. Some facts From about 1959, Winnebago had been making and selling its RVs under that brand name in the.. Read More
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 of the Google search engine would have understood that the representations conveyed by the sponsored links were those.. Read More
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.
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 posting. Lid dip “Law Geek Down Under“
The Full Federal Court in Australia does. The ACCC has successfully appealed the Google Adwords case for misleading and deceptive conduct. So, for example, Alpha Dog Trainging has been operating a dogtraining business for 12 years. Dog Training Australia (Ausdog) bought ads on the keywords Alpha Dog Training through Google’s Adwords program. One ad generated was: Alpha Dog Training DogTrainingAustralia.com.au All Breeds. We come to you. No dog that can’t be trained. Instead.. Read More
The Federal Court, Middleton J, has rejected Bodum’s allegations that the sale of the Baccarat Venice coffee plunger and Euroline’s Classic coffee plunger passed off Bodum’s Chambord coffee plunger or was otherwise misleading or deceptive; or Baccarat’s Devon teapot passed off Bodum’s Assam Tea Press or was otherwise misleading or deceptive. Playcorp Group of Companies Pty Ltd v Peter Bodum A/S  FCA 23 The judgment includes depictions of the products and their.. Read More
Prof. Gans over at CoreEcon takes issue with Eric Clemons’ paper in which Prof. Clemons appears to be arguing that Google’s business model – using sponsored links and paid advertising triggered by keywords and the like – is based on misdirection. Now, if Prof. Clemons were right, that could be a reason for contending that the use of trade marks in keywords etc. is (at least) misleading or deceptive conduct. But, as noted,.. Read More