Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Trademarks
7.
Enforcement and remedies for trademark infringement
7.1
What remedies are available against trademark infringement?
 
Australia
The court may grant:

  • an injunction to stop further infringement;
  • at the option of the trademark owner, either damages or an account of profits; and
  • additional damages having regard to flagrancy, misconduct and deterrence.
For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers
7.2
What remedies are available against trademark dilution?
 
Australia
There is no official right in relation to trademark dilution per se in Australia. However, owners of famous marks in Australia may have the right to oppose third-party applications for similar marks even when their own famous mark is not registered in Australia.

For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers
7.3
Does the law recognise remedies against other harms to trademark rights besides infringement and dilution?
 
Australia
Not specifically, other than by redress through claims for damages.

For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers
7.4
What is the procedure for pursuing claims for trademark infringement?
 
Australia
Typically, first by way of a cease and desist letter and then, if that is unsuccessful, by instituting court proceedings in various courts in Australia.

For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers
7.5
What typical defences are available to a defendant in trademark litigation?
 
Australia
Various defences include:

  • disputed substantial identity or deceptive similarity;
  • disputed use in respect of the applicable goods and services;
  • use in good faith of a person’s own name or place of business;
  • use in good faith to indicate the kind, quality, quantity, intended purpose, value, geographic origin or some other characteristic of the goods or services;
  • use for the purposes of comparative advertising;
  • prior rights to the trademark such that the defendant’s mark is capable of registration;
  • non-use of the plaintiff’s trademark;
  • invalidity of the plaintiff’s trademark; and
  • parallel importation of legitimately marked goods where reasonable enquiries as to goods have been made (see question 11.1).
For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers
7.6
What is the procedure for appealing a decision in trademark litigation?
 
Australia
Appeal to the applicable appeal court (eg, from the Federal Court to the Full Court or from the Supreme Court to the Court of Appeal).

For more information about this answer please contact: Ian Rosenfeld from Rigby Cooke Lawyers