Georgina Hey (AU)

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What’s in a survey? The place of consumer surveys in establishing whether a trade mark is inherently distinctive

Consumer surveys have long been denegrated by Australian Courts as being of little use in trade mark cases to establish likelihood of confusion. The probity of these surveys has been of little concern for establishing trade mark distinctiveness because the key legal question for inherent distinctiveness has been the legitimate need for other traders to … Continue reading

“Google’s Adwords Trademark Policy – what Australian brand owners need to know”

What is all the fuss about? Picture this: you type your brand name into Google. As expected, your brand’s website is returned as an “organic” result. However, a competitor’s brand is returned as a “sponsored” result (now known as a Google Ad), at the top or to the right hand side of the results page. … Continue reading

Protecting your brand in the world of smart phones and tablets – trade marks for apps

Introduction With the rise of the smart phone and tablet, the development of an ‘app’ or ‘application software’ has become a key element in any business, alongside the obligatory Facebook and Twitter accounts. An app is software developed specifically for mobile devices which may have a variety of functions, including games, financial services, interactive maps, … Continue reading