Trade Mark Liability Issues Arising Out of Internet Advertising
Melbourne Law School
Media & Arts Law Review, Vol. 12, No. 1, 2007
U of Melbourne Legal Studies Research Paper No. 207
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: K11Accepted Paper Series
Date posted: January 23, 2007
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