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Trade Mark Dilution In Australia Revisited: How Far Have We Come?, Tyrone Berger
Trade Mark Dilution In Australia Revisited: How Far Have We Come?, Tyrone Berger
Dr Tyrone Berger
This article examines whether or not an anti-dilution remedy exists in s 120(3) of the Trade Marks Act 1995 (Cth) and whether such a remedy is desirable. It examines ambiguities surrounding key terms of the provision – “connection”, “well known”, and “relevant sector of the public” – in relation to the established concept of consumer “confusion”, and proposes that the current orthodoxy towards s 120(3) does not afford registered owners an appropriate level of legal protection.