Swancom Pty Ltd v The Jazz Corner Hotel Pty Ltd (No 2)
Trade marks – validity (s.41) – infringement – defences – s 122(1)(b)(i); s 122(1)(e); s 122(1)(fa)
The Commercial Bar Association of Victoria Inc. A0120851O
Trade marks – validity (s.41) – infringement – defences – s 122(1)(b)(i); s 122(1)(e); s 122(1)(fa)
Consumer Law – replica of “Fearless Girl” statute – discussion of “not insignificant number” criterion – copyright – whether copyright licence granted – inducing breach of contract by artist – limitations on artist’s rights – tort of passing off – trade mark infringement – whether ‘FEARLESS GIRL’ used as a mark.
Trade Marks – Infringement – Interlocutory Injunction – Serious issue to be tried – balance of convenience – application granted.
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