IPwars.com

Mainly intellectual property (IP) issues Down Under

Trade marks, un-parallel imports and the emerging concept of use as a trade mark

The Full Court has rejected another attempt by Paul’s Retail to invoke s 123 against allegations it was infringing LONSDALE trade marks. Background Lonsdale Sports Limited (Lonsdale UK) had a number of registered trade marks in Australia and elsewhere for LONSDALE. In May 2008, it licensed Punch GmbH to use the LONSDALE trade marks in a number of countries, mostly in Europe. As part of the licence, Punch was permitted to get its LONSDALE.. Read More

Parallel imports and books

The Productivity Commission has published its issues paper on its reference relating to the parallel importation of books.  You can download the pdf here.  At present: (1) anyone may “parallel” import a book for their own use (i.e., not to resell or distribute it); (2) books first published after 22 December 1991 and not published first simultaneously in Australia may be parallel imported; (3) for any other books, however, there is a very.. Read More