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Authorised use or something fishy? – Implications for trade mark ‘use’ in Australia in the inter-company context

Photo of Georgina Hey (AU)Photo of Matt Allen (AU)
By Georgina Hey (AU) & Matt Allen (AU) on November 27, 2019

Trade mark licensing arrangements can often offer significant benefits for trade mark owners by increasing brand exposure and royalty revenue streams. However, as we have previously reported, recent Australian cases (such as Lodestar Anstalt v Campari America LLC [2016] FCAFC…

Calidad v Seiko – defining the scope of the implied licence

Photo of Helen Macpherson (AU)Photo of Harrison Ottaway (AU)
By Helen Macpherson (AU) & Harrison Ottaway (AU) on July 30, 2019

One of the more controversial questions in patent law is the extent to which a patentee may continue to exercise control over patent-protected goods after their sale. This question invokes competing tensions between the rights of the patentee and the…

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