A trademark infringement suit is not required to show willful infringement as a precondition to a disgorgement of the infringers’ profits.
Willfulness not required for profits awards in trademark infringement suits
Australian Trademarks Law Review – Edition 2
2018 marked the publication of the first Australian Trademarks Law Review from the Law Review series. The Law Review collates cross-border legal insights and analysis across a range of practice areas and is a useful resource for in-house counsel of
(Don’t) knock it off!
The prevalence of counterfeit goods in Canada reflects weak laws and almost non-existent criminal enforcement within the country, resulting in an appearance of very limited protection for the intellectual property rights of brand owners. As discussed in a recent post
Changes proposed regarding parallel imports – An exhausting concept for Australian trade mark owners?
In this article, we consider;
- the changes to the Trade Marks Act proposed in respect of parallel imports which the Draft Explanatory Memorandum states are aimed at ensuring that the law “better meet[s] the objective of facilitating the parallel
The European Commission has its say: EU trade marks post-Brexit
On 28 February 2018, the European Commission released its draft withdrawal agreement setting out a proposal on the arrangements for the withdrawal of the UK from the EU (Withdrawal Agreement). The full text of the Withdrawal Agreement can
Cybersquatters – How to protect your brand from unwanted ‘guests’ online
The internet is now the normal conduit for everyday personal, commercial and social transactions. It is more important than ever to ensure that your consumers know where to find your business online, and that no third parties are seeking to
Shocking your clients just became passé: US Court takes away the edge from scandalous brands
Thanks to two recent rulings of the US Supreme Court and the Court of Appeals of the Federal Circuit Court, trade marks containing “disparaging”, “immoral” and “scandalous” matter are no longer barred from obtaining registration in the United States of
Back to Basics – Australian Trade Mark Law 101
2018 marks the publication of the first Trademarks Law Review from the Law Review series.
Seattle Seahawks fans still the 12th Man under new trademark licensing deal with A&M
Football season is upon us, and fans of the Seattle Seahawks were no doubt celebrating the thrilling 12-10 victory over the Miami Dolphins during their first game of the season on Sunday, September 11, 2016. Seattle fans, who have been
When your brand becomes a product descriptor
Beware of the slide into “genericide”
When launching a new brand, it is a marketer’s dream to have that brand name on every consumer’s lips, no matter the consequences. However, sometimes this is ultimately to the detriment of the brand.