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The Interface between Trademark, Designs and Passing Off under Australian Law: The Philips Case

Authors: Robin Honey LLB
Associate Lecturer, University of Western Australia School of Law
Peter Sinden BA LLB (Hons) Qld., LLM Lond
Senior Lecturer, University of Western Australia School of Law
Subjects: Australian trademark law and practice
Design protection - Australia
Trademarks (Other articles)
Issue: Volume 7, Number 4 (December 2000)
Category: Current Developments

Abstract

This article examines the trademark law implications of "The Philips Case". Philips accused their market competitor Remington of breaking trademark, design and intellectual property laws. The case had important ramifications on trademark law in Australia particularly in relation to the limits of ownership of design and trademark. Central to the issue was that of the Trade Marks Act of 1995 and the changes it caused in the law.

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