A series of recent cases have shed new light on what is considered to be trade mark use. Courts have recently said “no” on that question in three interesting cases: a mark used as the name of a fictional theme park, said to be use in relation to energy drinks (MOTHERLAND); a mark used on a promotional website, said to be use in relation to advertising services (7NOW); and a stylised image used on the front of a pack of dishwashing tablets, said to be use of a device mark. “Use as a trade mark” has long been the most interesting, and the most fraught, part of many trade mark cases. Frances St John will address the recent authorities and discuss their potential consequences.
Ms St John specialises in intellectual property, including copyright, patents, trade marks, designs, breach of confidence, and false advertising. She regularly appears, led and unled, in the High Court, Federal Court, Federal Circuit Court, and IP Australia. She is recognised as one of Australia’s leading IP junior barristers by Doyle’s Guide to the Australian Legal Profession, Best Lawyers, and Chambers & Partners.
This event will follow immediately after AIPPI Australia's Annual General Meeting.
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