Abstract

http://ssrn.com/abstract=958858
 
 

Footnotes (80)



 


 



Trade Mark Liability Issues Arising Out of Internet Advertising


Sam Ricketson


Melbourne Law School


Media & Arts Law Review, Vol. 12, No. 1, 2007
U of Melbourne Legal Studies Research Paper No. 207

Abstract:     
This paper reviews the basic principles of trade mark and passing off law that apply where a trade mark registered in Australia is used to advertise goods on a website situated in another jurisdiction. In particular, it considers the approach that Australian courts take to the use of trap order evidence, and reviews the most recent and relevant decision in this area, namely that of the Federal Court in Ward Group Pty Ltd v Brodie & Stone Plc. It concludes with some criticisms of the approach taken by the court in that case, and considers the implications of the case with respect to the use of trade marks in advertising goods and services on the Internet.

Number of Pages in PDF File: 37

Keywords: trade mark, IP, passing off, cross-border, trap order, Ward, Brodie, internet

JEL Classification: K11

Accepted Paper Series


Download This Paper

Date posted: January 23, 2007  

Suggested Citation

Ricketson, Sam, Trade Mark Liability Issues Arising Out of Internet Advertising. Media & Arts Law Review, Vol. 12, No. 1, 2007; U of Melbourne Legal Studies Research Paper No. 207. Available at SSRN: http://ssrn.com/abstract=958858

Contact Information

Sam Ricketson (Contact Author)
Melbourne Law School ( email )
Victoria, 3010
Australia
Feedback to SSRN


Paper statistics
Abstract Views: 1,519
Downloads: 369
Download Rank: 44,000
Footnotes:  80

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.421 seconds