Passing off is a common law tort, which basically means it’s a protection we have in Australia at common law as opposed to relying on legislation. It is basically a wrong that causes the complainer to suffer damage that results in the person committing the wrong doing having legal liability for causing that damage. In […]
The Australian Consumer Law forms Schedule 2 to the Competition and Consumer Act 2010. Section 18 of the Australian Consumer Law discusses misleading and deceptive conduct. Specifically section 18(1) states that: A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. This […]
Is Canada a Member to the Madrid Protocol? Yes, as of 17 June 2019 Canada has officially joined the Madrid Protocol. The Madrid Protocol is essentially an treaty that provides for international trademark registration. It allows you to file a single application, selecting the member countries of interest to you. Up until June 2019 a […]
Firstly, BEFORE you write a cease and desist letter, consult with your trade marks attorney to ensure you are within your rights to be writing one. There are no doubt templates available to help a trademark owner write a letter of demand for trademark infringement, but the bigger question must always be ensuring you have […]
Essentially, a trademark protects any sign that a trader uses – and a sign most commonly would be a name or a logo but can be a colour, shape, sound, smell, numbers or a combination of these things – to distinguish their goods or their services from the similar goods and services of other traders. […]
