Australian Law of Trade Marks and Passing Off
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Australian Law of Trade Marks and Passing Off by D. R. Shanahan

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Published by Gaunt .
Written in English

Subjects:

  • Intellectual Property - Trademark,
  • Australia,
  • Intellectual property, copyright & patents,
  • Legal Reference / Law Profession

Book details:

The Physical Object
FormatHardcover
Number of Pages702
ID Numbers
Open LibraryOL10276094M
ISBN 100455209952
ISBN 109780455209951

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ISBN: OCLC Number: Notes: Revision of: Australian trade mark law and practice. Includes index. Description: 1 volume ; 25 cm. N2 - Shanahan's Australian Law of Trade Marks and Passing Off Sixth Edition provides a fully updated analysis of the law of trade marks and passing off in work analyses changes in trade mark law in the years since the last edition published, in the context of both domestic and international : Mark James Davison, Ian Peter Horak. / Shanahan's Australian Law of Trade Marks and Passing Off. 3rd ed. Pyrmont NSW: Law Book Co, p. @book{d7edce0f40daa43d4ead6b2b38a7, title = "Shanahan's Australian Law of Trade Marks and Passing Off", author = "Davison, {Mark J} and Kate Johnston and Patricia Kennedy",Author: Mark James Davison, Ian Peter Horak. Summary: The fifth edition of this seminal work offers a fully revised analysis of the law of trade marks and passing off in Australia. Necessarily the text synthesises and explores the significant changes in trade mark law in the years since the last book edition, in the context of both domestic and international developments.

The article provides an overview of passing off, trade mark infringement, and misleading and deceptive conduct, and analyses the extent to which litigants might still benefit from bring an action for passing off (either in addition to, or instead of, an action for trade mark infringement or misleading or deceptive conduct).   I. Overview: Common law and statute. Canadian trademark law offers protection to registered and unregistered trademarks, trade names, and other business indicia under the common law action of passing off. 1 The common law action for passing off has been statutorily codified in Canada’s Trade-marks Act 2 (Act) in section 7(b) through (d). The . Trade mark infringement. Trade mark registration grants the owner exclusive rights for using that trade mark in respect of the goods and services it is registered for. Nowadays, many business owners understand the need and benefits of trade mark registration, but business owners must also be aware that registration is not the last step to protecting your brand. With a primary focus on Australian law, this text also has an awareness of comparative law, especially UK, EU and US law. Trade Marks, Passing Off and Protecting Trade Reputation: History, Justifications and Context. Australian Intellectual Property Law in the Global Marketplace. Request an inspection copy.

  Other statutory protection: Australian Consumer Law. In addition to passing off, some protection is provided to unregistered trade marks through the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act (Cth)). Like passing off, however, it can be costly to enforce this protection. Conclusion. Description Due to globalisation of trade and commerce, the Trade and Merchandise Marks Act was repealed and replaced by the Trade Marks Act which is closely resembling the provisions of the Trade Marks Act of the U.K. opening up opportunities for Indian products and services to be projected to the developed countries like Europe, the U.K. and U.S.A. .   Usually, when a trade mark owner successfully claims passing off, the most common remedy is an injunction. This is a court order for the offending party to stop engaging in the offending conduct. A court will only grant compensation (damages) if the offending party has engaged in fraudulent behaviour. Featuring the annotated Trade Marks Act (Cth) online, Shanahan's Australian Law of Trade Marks and Passing Off is now offered as part of .