Intellectual property (Trade Marks Act 2005, Designs Act 2003, Patents Essay

Intellectual property (Trade Marks Act 2005, Designs Act 2003, Patents Act 1990) - Essay Example It is a business for them. But to actually think there are professionals out there who paid their way through university is a worry†¦. To be honest I do feel a bit guilty using samedayessay.com. I had no idea that such a company existed until about 2 months ago when I was in over my head, totally desperate for some type of help and stumbled across this site via a Google search! I was shocked, a bit skeptical, but relived at the same time. I haven’t studied since 2004. I work full time + overtime and I stupidly enrolled myself into 2 online subjects, thinking it would be a breeze†¦. Well boy was I wrong. It has been so much work, doing all the readings, all the activities, online participation, not having any face to face lessons. Six weeks into the course felt I was drowning. So stressed, so busy! That is when I decided to get a few of my assignment done via the company. I am glad I got the help, but in a way I feel I cheated, I cheated myself, that is why I am readi ng and trying to learn and understand. Next year I will only be enrolling into 1 subject, that way I can focus 100% on it and not feel as stressed, and hopefully not need an essay writing company. But in saying that, in case I ever do need help, I would like to keep in touch. Not sure how long you plan to stay with samedayessay.com, and I am not sure if you are allowed to pass on your details to clients, but I will give you my details: (face book – katerina cvetkovski katerinacvet@hotmail.com) other email kcvetkovski@optusnet.com.au. The paper sounds very good. Thank you so much. Please read my comments/ questions Question 1 Issue The main point of contention is whether Fred's registration of the trademark GOOD FRIENDS FENCE is potentially an infringement of the Trade Marks Act 1995 with regards to the claims being made by GOOD NEIGHBOURS FENCE which is asserting that they have the rights to the trade mark. In other words, is it likely that Fred has committed a breach under t he Trade Mark's Act (1995) or not. Rules The Trade Marks Act 1995 states that a trade mark needs to be distinctive and reflect the trade commercial or trade origins of a person (EJ Gallo V Lion Nathan, 2010). In Section 20, it is noted that the owner of a trademark has the right to use the trademark, authorise the use of the trademark and obtain relief when the trademark is infringed. A trademark is infringed if a person uses a sign that is identical with or is deceptively similar with the the trademark (Section 120 (1)). However, for action on trademark infringement to be taken, the trademark must be used as a trademark [Konininkliike Philips V Remington (2000)]. Section 120(2) of the Act states that a trademark is infringed if the goods or service for which the trademark is used are similar or closely related. An action on infringement can also be taken if the trademark is known is Australia and unregistered (Van Caenegem 2010 p139: Davison et al, 2008 p133). Also infringement occ urs when the trademark is substantially identical or deceptively similar to goods or services that are unidentical. Section 120 also states that action can be taken on infringement when there is a realization that the owner's interest could be adversely affected. In the case of Belei Hestia V Bali Inc (1973), it was established that