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Shanahan's Australian Law of Trade Marks and Passing Off Sixth Edition provides a fully updated analysis of the law of trade marks and passing off in Australia. This work analyses changes in trade mark law in the years since the last edition published, in the context of both domestic and international developments. It also explores developments in the law of passing off and its legislative equivalents.
The Sixth Edition maintains the title’s reputation for combining a practitioner focus with deeper analysis of the law. Professor Mark Davison and Victorian barrister, Ian Horak, once again provide a fresh and authoritative iteration of the late Dan Shanahan’s landmark work. Statute law developments covered include the changes associated with the Intellectual Property Laws Amendment (Raising the Bar) Act 2012(Cth) such as: the test of distinctiveness of a trade mark, opposition procedures, customs seizure procedures, and privilege and penalty provisions. Case law developments examined include decisions regarding: parallel importing, licensing and what constitutes authorised used a trade mark, the test of distinctiveness in the context of foreign words, the relationship between ownership and honest concurrent user provisions, what are goods and services of the same kind as opposed to goods and services of the same description, the relevance of a trade mark owner’s reputation in the context of infringement as opposed to passing off, and considerations relating to punitive damages for blatant infringement.
Offering professionals authoritative commentary from Australia's leading experts, Shanahan's Australian Law of Trade Marks and Passing Off continues to be the ideal reference for every trade marks matter. This work is also available as an online subscription service for those requiring frequent updates.