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  • #1040435
    victorng
    Member
    • Total posts: 626
    Snow, post: 80623 wrote:
    interesting article here :)

    http://www.davies.com.au/pub/detail/359/parallel-imports-can-infringe-a-registered-australian-trade-mark

    seems to me the main point of this article is the items were made to be sold in India alone.

    It would be interesting to know if products been advertised for sale to Australia from US websites would fall under a similar rule if produced for sale in the US only ?
    I suppose the buyer would have to be proven to have knowledge although im not sure Pauls Warehouse would have known this point when purchasing their goods for resale ?

    That Greg Norman case is a good example of a situation which appeared to fit within the parallel importing exception under the Act but, on closer examination by the Court, actually didn’t.

    It’s not as simple as whether a similar rule would apply to goods produced for sale in the US and knowledge isn’t directly relevant to infringement. I keep saying this is a complicated area because it really is. It’s not surprising that Snow’s lawyer couldn’t help him because you do need someone with specialist knowledge.

    Interestingly but probably unsurprisingly, I do get enquiries from parallel importers but none so far have been willing to stump up the cash to see if and how they can fit within the parallel importing exception in the Act. Exclusive distributors, on the other hand, are prepared to put some effort into implementing strategies to combat parallel imports.

    #1040436
    Snow
    Member
    • Total posts: 28
    victorng, post: 80684 wrote:
    That Greg Norman case is a good example of a situation which appeared to fit within the parallel importing exception under the Act but, on closer examination by the Court, actually didn’t.

    It’s not as simple as whether a similar rule would apply to goods produced for sale in the US and knowledge isn’t directly relevant to infringement. I keep saying this is a complicated area because it really is. It’s not surprising that Snow’s lawyer couldn’t help him because you do need someone with specialist knowledge.

    Interestingly but probably unsurprisingly, I do get enquiries from parallel importers but none so far have been willing to stump up the cash to see if and how they can fit within the parallel importing exception in the Act. Exclusive distributors, on the other hand, are prepared to put some effort into implementing strategies to combat parallel imports.

    im starting to think the risk is to high to go ahead with my venture. its quite clear parallel importing is slowing down the retail industry in a big way with regards to snow sports.
    my business model would not work without parallel importing as i simply cant compete with the online markets of ebay and the US stores.
    i havnt the backing to open a store then get a container load of parallel imported gear held with an impending legal case.
    this threads been a great learning curve, thanks to all that contributed and may it go on and help others.
    theres very little info on the net regarding this issue and i would have to say this thread is as good as it gets in cyberspace, so thanks the the Flying Solo crew as well for having me.
    ill continue to monitor this thread and pursue my idea gingerly as the change in retail is here for the immediate future.
    what i have learned is till the Australian retail market can compete on a level playing field with the US online market things will continually get worse in the surf and snow industry with only the financially strong surviving.
    my prediction is the big companies and licensed distributors will soon realize Australian consumers are sick and tired of been ripped off. the middle mans gotta go. cheers snow

    #1040437
    Anonymous
    Guest
    • Total posts: 11,464

    Hi Snow,

    Thanks for the update, and for your openness to this discussion – it’s certainly been one of the longest lasting threads on the forum, and has generated some robust debate.

    Very interesting for all of us!
    Jayne

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