Monday, March 15, 2010

More coverage of Apple i trade marks

http://www.theage.com.au/digital-life/mp3s/apples-future-wont-be-brought-to-you-by-the-letter-i-20100312-q27r.html

This article suggests Apple previously had a 'monopoly' over 'i' - not sure that was exactly the case, but obviously this decision will not make it easier for Apple to enforce the rights they do have.

TRADE MARKS ACT 1995 - SECT 129

Despite the provisions in s129 of our Trade Marks Act dealing with groundless threats of legal proceedings, it will often be far from clear whether such are threats are groundless and the costs in 'David and Goliath' scenarios for the alleged infringer to either defend an infringement action or seek a declaration under s129 will often, in practical terms have the effect desired by the 'Goliath'.

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