A blog relating to Internet legal issues by Professor John Swinson, University of Queensland
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Keyword Decision in California
Given the nature of the alleged infringement here, the most relevant factors to the analysis of the likelihood of con- fusion are: (1) the strength of the mark; (2) the evidence of actual confusion; (3) the type of goods and degree of care likely to be exercised by the purchaser; and (4) the labeling and appearance of the advertisements and the surrounding context on the screen displaying the results page.
The district court did not weigh the Sleekcraft factors flexibly to match the specific facts of this case. It relied on the Internet “troika,” which is highly illuminating in the context of domain names, but which fails to discern whether there is a likelihood of confusion in a keywords case. Because the linchpin of trademark infringement is consumer confusion, the district court abused its discretion in issuing the injunction. "
Class 3 - Internet Jurisdiction
- Background: The Australian
- Australian Trial Judge Decision
- Full Court of Federal Court Decision
- Note regarding US decision on jurisdiction
Australian Domain Names
UDRP - Bad Faith Registration
Keywords in Canada
iCyte
Week 2 - Google and Social Media
What are the risks of doing business with these organisations?
For some background you can look at:
Don't Be Evil
Google Product Offerings
Google Watch
Google Book Project
AdWords - Australia
Facebook and Privacy
Click fraud
Endorsements - US position
Study guides
Article on Domain Name Law
7s Domain Name Decision
Patenting Business Methods
Review of patentable subject matter in Australia
The Australian Advisory Council on Intellectual Property has released its review of patentable subject matter. The Advisory Council is an independent body appointed by the government, and advises the Federal Minister for Innovation, Industry, Science and Research on intellectual property matters.
Click here to view the report
Click here to view the Advisory Council's Media Release
How should damages be assessed for privacy and cybersecurity breaches
Listen to this podcast where I discuss how damages should be assessed in privacy and cybersecurity lawsuits. The Lawyers Weekly Show host J...
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The United Nations intellectual property agency (WIPO) is the latest front in the US-China trade war. http://www.theage.com.au/world/sad-am...
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The issue of content regulation in China was mentioned in this blog last year . In the last few weeks, this issue has once again pushed into...
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Finally, what is called direct registration of domain names is coming to Australia. See https://www.auda.org.au/statement/australias-interne...