JSB171 Lecture Notes - Lecture 1: Aust, Counterclaim, Public Knowledge
Document Summary
Definition: trade mark is a badge of origin. May be assigned: s106 (in whole or part; with or without goodwill) Traditional role: signify the origin of goods and services (particular person/entity that is responsible for the particular goods and services): campomar sociedad v nike international. Modern role: now used to protect the interests of traders as they indicate the quality of a product, as well as advertising it - also provide consumers with a certain level of information and therefore protection. Trademarks make it easier for consumers to identify brands (which facilitates consumer protection), and also makes brand the most significant part of the product: provides incentives to maintain consistent quality: If there was no protection of the brand mark then no underlying protection: provides incentives for the development of culture and language: Brands can inform culture and language (e. g. google something)
