tag:blogger.com,1999:blog-5574479.post509845955459306848..comments2024-03-29T13:59:42.629+00:00Comments on The IPKat: Friday fantasiesVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5574479.post-10378299080522408102011-02-07T17:07:35.695+00:002011-02-07T17:07:35.695+00:00My thanks to Anonymous for bringing the Australian...My thanks to Anonymous for bringing the Australian Gallo/Nathan decision to my attention.mcvootynoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-58611951808446714222011-02-07T08:52:48.880+00:002011-02-07T08:52:48.880+00:00On the subject of parallel importation and trade m...On the subject of parallel importation and trade mark use I wonder if you have come across E. & J. Gallo Winery v Lion Nathan Australia Pty Limited [2010] HCA 15 (http://www.austlii.edu.au/au/cases/cth/HCA/2010/15.html)?<br /><br />Link to Trade Marks Act 1995 (Cth): http://www.austlii.edu.au/au/legis/cth/consol_act/tma1995121/<br /><br />This is a trade mark case in which Lion Nathan sought to revoke Gallo's trade mark on the basis of non use. Goods bearing the mark had been imported into Australia and sold during the non use period, unknown to the trade mark owner (or its predecessor in title). There had been no direct use in Australia by the predecessor in title (the relevant owner) and the goods themselves had been originally exported from the US to Germany (from where they were later transferred to Australia).Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-46753175370409414632011-02-04T16:33:11.314+00:002011-02-04T16:33:11.314+00:00Regarding the parallel import question, the owner ...Regarding the parallel import question, the owner of brand X is not the using the mark in country Y--the importer is--so I don't see why brand owner X should be able to step in the importer's shoes and claim use of the mark in country Y.mcvootynoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-20341166951956332622011-02-04T15:52:23.429+00:002011-02-04T15:52:23.429+00:00Why are they wearing their thermals when they are ...Why are they wearing their thermals when they are on a tropical beach?Anonymousnoreply@blogger.com