Last edited by Nasho
Saturday, July 25, 2020 | History

4 edition of Australian Law of Trade Marks and Passing Off found in the catalog.

Australian Law of Trade Marks and Passing Off

D. R. Shanahan

Australian Law of Trade Marks and Passing Off

by D. R. Shanahan

  • 93 Want to read
  • 16 Currently reading

Published by Gaunt .
Written in English

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

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

    Common law trade marks A common law trade mark is an unregistered trade mark which has been used (such as a brand name or in advertising) in relation to certain goods or services to such an extent that it is recognised as distinguishing the goods and services of the business using that mark from those of other businesses.   Trademarks which are registrable in Australia include any sign or combination of signs. A ‘sign’ is defined non-exhaustively as including any letter, word, name, signature, numeral, device, brand, heading, label, ticket, aspect of packaging, shape, colour.

    In common law countries such as the UK, Australia and New Zealand, passing off is a common law tort which can be used to enforce unregistered trade mark rights. The tort of passing off protects the goodwill of a trader from misrepresentation. The law of passing off prevents one trader from misrepresenting goods. Patent Law in Australia Third Edition continues to be an indispensable guide to obtaining, maintaining, enforcing and challenging the validity of patents in Australia.. Balancing both the practical nature of IP Australia processes and in-depth analysis of statute and case law, Patent Law in Australia Third Edition navigates every aspect of the patenting process, with detailed .

    Law of trade marks and passing off in Singapore / by Tan Tee Jim Sweet & Maxwell Asia ; West Group] Singapore: [St. Paul, Minn Australian/Harvard Citation. Tan, Tee Jim. , Law of trade marks and passing off in Singapore / by Tan Tee Jim Sweet & Maxwell Asia ; West Group] Singapore: [St. Paul, Minn. Wikipedia Citation.   Protection of trade marks is necessary not only for honest trader bur also for the benefit of the purchasing public against imposition and fraud. At common law the reputation of a business, symbolized through a name or label, can be protected only by an action of passing off, the procedure for which is cumbersome and the outcome : Rahul Chakraborty.


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Australian Law of Trade Marks and Passing Off by D. R. Shanahan Download PDF EPUB FB2

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 Australia. This work analyses changes in trade mark law in the years since the last edition published, in the context of both domestic and international : Mark Davison.

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 Australia.

This work analyses changes in trade mark law in the years since the last edition published, in the context of both domestic and international developments. 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 Australian Law of Trade Marks and Passing Off book 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. Australian trade mark law is based on common-law use-based rights as well as the Trade Marks Act (Cth), which is administered by IP Australia, an Australian government agency within the Department of Industry, Innovation and Science.

[circular reference] Use-based rights are less certain than registration. Misleading and deceptive conduct. Whereas passing off is aimed at protecting the reputation of a business, an action under s18 of the ACL was created to protect consumers. Pursuant to this legislation, a person, including a company, is prohibited, in trade or commerce, from engaging in misleading or deceptive conduct.

Find Shanahan's Australian Law of Trade Marks and Passing Off 5th ed, by Kate Johnston, Mark James Davison, Patricia Kennedy, D. Shanahan, ISBNpublished by Thomson Reuters Australia fromthe World's Legal Bookshop.

Shipping in the UK is free. Competitive shipping rates world-wide. 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 Australia.

This work analyses changes in trade mark law in the years since the last edition published, in the context of both domestic and international Edition: 6th Edition. Shanahan's Australian Law of Trade Marks and Passing Off (6th Edition) Mark Davidson, Ian Horak.

Book: Shanahan's Australian Law of Trade Marks and Passing Off (6th Edition) This work analyses changes in trade mark law in the years since the last edition published, in the context of both domestic and international developments. The fourth 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 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.ISBN: OCLC Number: Notes: Previous edition: Description: cxliii, pages ; 25 cm: Contents: 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 - .Shanahan’s Australian Law of Trade Marks and Passing Off Shanahan’s has recently been revised and updated by leading experts in the area of trade marks and passing off, authors Professor Mark Davison from Monash University and Victorian barrister, Ian Horak.