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ausip:trade-mark-infringement [2020/04/08 16:27]
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ausip:trade-mark-infringement [2020/06/11 13:15] (current)
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 ### Same Goods/​Services ### Same Goods/​Services
  
-Infringement may occur with when an alleged infringing mark is used in the same class of goods or services as the registered mark.  ((//TMA// s120(1) )) This type of trade mark infringement is known as '​vanilla'​ infringement,​ where the defendant is using a mark as a trade mark, which  is substantially identical or deceptively similar to the registered mark, with respect to the same goods or services for which the trade mark is registered. For example, the registered trade mark is used with respect to cola flavoured drink and the alleged infringing mark is used on cola flavoured drink. The onus is on the registered owner to show trade mark infringement.+Infringement may occur when an alleged infringing mark is used in the same class of goods or services as the registered mark.  ((//TMA// s120(1) )) This type of trade mark infringement is known as '​vanilla'​ infringement,​ where the defendant is using a mark as a trade mark, which  is substantially identical or deceptively similar to the registered mark, with respect to the same goods or services for which the trade mark is registered. For example, the registered trade mark is used with respect to cola flavoured drink and the alleged infringing mark is used on cola flavoured drink. The onus is on the registered owner to show trade mark infringement.
  
 For more information read Amanda Scardamaglia'​s *The Coca-Cola Company v Pepsico Inc & Ors* VID 876/​2010[‘Storm in a Contour Bottle? – The Coca-Cola Company v Pepsico Inc & Ors VID 876/​2010’,​ Fortnightly Review of IP & Media Law, Edition 18 (11 November 2010)](https://​researchbank.swinburne.edu.au/​file/​c341d5be-acec-4403-bd61-60add0b15243/​1/​PDF%20%28Published%20version%29.pdf) Licensed for reuse under a Creative Commons Attribution-NonCommercial 2.5 Licence). ​ For more information read Amanda Scardamaglia'​s *The Coca-Cola Company v Pepsico Inc & Ors* VID 876/​2010[‘Storm in a Contour Bottle? – The Coca-Cola Company v Pepsico Inc & Ors VID 876/​2010’,​ Fortnightly Review of IP & Media Law, Edition 18 (11 November 2010)](https://​researchbank.swinburne.edu.au/​file/​c341d5be-acec-4403-bd61-60add0b15243/​1/​PDF%20%28Published%20version%29.pdf) Licensed for reuse under a Creative Commons Attribution-NonCommercial 2.5 Licence). ​
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