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victorng
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sixx, post: 49242 wrote:
Hi Victor,

Regarding Trademark Law in Australia, where does disclosure sit in regards to parallel importing of trademarked goods as to not cause confusion to consumers? Is it the responsibility of the parallel importer to make consumers aware they are not the Authorised Dealer as to not cause possible confusion?

Good question with a lot of tricky answers …

Example 1: Company X is the overseas manufacturer and owns the Australian trade mark. If you import goods that the manufacturer / trade mark owner has applied the trade mark to, then you’re ok. The Trade Marks Act says this isn’t infringement.

Example 2: Company X is the overseas manufacturer and owns the trade mark in another country. An unrelated company, Company Z, owns the identical Australian trade mark. Importing goods bearing the trade mark could land you in trouble. The exception in example 1 doesn’t apply. But it’s not straightforward – the mere importation and sale of goods bearing trade marks may not constitute use of the mark as a trade mark.

There are actually a few more scenarios that I haven’t given examples for. It’s a complex and not well settled area of law. Pays to tread carefully…

^ This isn’t legal advice – I’m just shooting the breeze