Shanahan's Australian law of trade marks and passing off / edited by Mark Davison, Ian Horak.
2022
N114.2.K1 SHA 2022
Available at Brisbane
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Details
Title
Shanahan's Australian law of trade marks and passing off / edited by Mark Davison, Ian Horak.
Alternate Title
Australian law of trade marks and passing off
Edition
7th edition
ISBN
9780455502618 hardback
Imprint
Pyrmont, N.S.W. : Lawbook Co., 2022.
Copyright
©2022
Language
English
Description
clxx, 1244 pages ; 25 cm
Call Number
N114.2.K1 SHA 2022
Summary
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.
Note
Previous edition: 2016.
Bibliography, etc. Note
Includes index and bibliographical references.
Formatted Contents Note
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.
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.
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