The Impact of Trademark Laws on Creativity: A Critical Analysis

This research paper examines the complex relationship between trademark laws and creativity. It delves into the arguments for and against the assertion that trademark regulations hinder the creative process. The paper analyzes the role of creativity in trademark law, the impact of trademarks on the public domain, and the various types of trademarks, including color, smell, word, three-dimensional, and sound marks. It also explores the legal remedies available for domain name disputes and the potential conflicts between trademark and domain name registration. The research concludes that while trademark laws aim to protect economic interests and prevent consumer confusion, they do not necessarily stifle creativity. Instead, they provide a framework for fostering innovation and protecting the intellectual property rights of creators.

Research
1

Table of Contents
Introduction......................................................................................................................................3
Aims and objectives:........................................................................................................................4
Research Question:..........................................................................................................................5
Scope:..............................................................................................................................................5
Limitation of research:.....................................................................................................................5
Literature Review:...........................................................................................................................6
Role of creativity and trade mark................................................................................................6
Effect of trade mark on freedom of public domain:....................................................................8
Types of trademark and creativity...............................................................................................9
Protection of colour marks:.......................................................................................................12
Findings.........................................................................................................................................14
Research methodology...................................................................................................................18
Conclusion:....................................................................................................................................19
References......................................................................................................................................20
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Introduction
Trademarks are intellectual property rights that are provided to the inventor of some innovative
design inform of logos marks designs colour and smell. Trademark is often used as a symbol for
conducting trade and commercial activities these are primarily the signs that are being used by
brands or companies for making a significant difference in terms of providing a differentiation as
a part of commercial activities. Trademark act as a protection for the creativity that has been
used or developed by the designer of such design that has been included as an integral part of the
brand name or brand logo. In other words it can be stipulated that trademark is the very essential
rights that are bestowed with the trademark holder in terms of protecting his creation or vision in
respect of words design what specifications that have been provided in a particular trademark.
The main theme is focusing on the impact of trade mark in hindrance of creativity of creators.
Apart from this Trademark Search Science that is able to be represented graphically or able to
make differentiation among the product and services of one company or identified place in which
the main commercial activities regarding the production of specific services or products take
place. In context of analysing the impact of trademark on creativity is concerned it can be
stipulated that the trademark regime tends to protect the creativity and vision of the creator or
designers. Trademarks are enforced in order to protect the innovation and creation of the
individual who has designed or has created some different sort of logos designs or words that are
efficient improving the Identity of a brand or a business. Moreover trademarks are introduced in
order to encourage the ideology of bringing up or creation of new designs Architects or logos in
order to make the business or products and services distinguished from the other that is already
existing.
Trademarks are one of the integral parts that are included in marketing strategy of business it
enables the public to identify or to have certain thinking about the quality image reputation of a
business all of goods and services that are being provided in the name of same. Trademark is a
symbol that can be used by business for claiming it’s right over it is necessary to get a
Trademark registered in order to protect the rights that are being and next with search setting
form of logo or design. It enables the parties to have an easy access for protecting as well as
defending any sort of infringement of Trademark without seeking its prior permission however
3

in case there is no registered trademark. It will result in affecting the rights the parties who are
claiming for the certain logo to be their trademark. It is necessary to identify that all logos of
graphical designs does not form the part of Trademark a logo a graphical representation design
only becomes a part of a trademark when it is being used buy a national and international project
representing its identity in the existing market trends trademark.
After the registration of a Trademark it becomes an integral part of the intellectual property
rights that are being inside upon the creator and inventor1 Therefore, it is necessary to consider
that trademarks are not affecting the creativity rather allowing the individuals to create new
designs and graphical representation which are not similar to the existing one this is known as
brainstorming that allows the brain to develop in order to create new ideas and designs. Thus, it
is worthy to stipulate that trademarks are not hindering or hampering the rights of creator or
developer of design or logos. Since, trade mark is concerned with the reputation and goodwill of
a company it is to be protected so that there is no misappropriation of these specific symbols and
sign that will have an impact on business2.
Aims and objectives:
This research is formulated to address the following aims and objectives:
 To analyse the impact of creativity on the trade mark
 To develop the effective understanding in relation to the effect of the trade mark on the
public domain
 The objectives are to develop the argument in the favour and against in relation to the
trade mark holders in Australia.
1 WIPO, (2012). The Enforcement of Intellectual Property Rights: A Case Book. Available at:
http://www.wipo.int/edocs/pubdocs/en/intproperty/791/wipo_pub_791.pdf [Accessed: 12.03.2018].
2 Fromer, J.C., 2011. The Role of Creativity in Trademark Law. Notre Dame L. Rev., 86, p.1885.
4

Research Question:
Question: Is creativity hampered by the trade mark laws that favour the public interest or
economic interest?
Scope:
The scope of this research is very wide which helps in analysing the role of the creativity in
context to the trademark laws and the regulations. The primary significance of this form of
research is to generate the effective understanding regarding the effect of the trademark
regulations on the creativity of the organisations. The trademark regulations help in protecting
the value of related goods and the product which is trademarked. A trade mark is considered to
be a significant tool which helps in the marketing. It helps in building the identity in the mind of
the customers regarding the brand used in by the company or the organisation.
Limitation of research:
The limitations which are involved in the completion of the research are provided thereunder:
Time management: One of the most important forms of the limitation which is involved in this
form of research is its time management. The time involved in the collection of the resources and
the journals and the articles is in large number as estimated for the research. the time taken to
collect the genuine research material is very large.
5

Literature Review:
Role of creativity and trade mark
In order to consider a Trademark to be different or a distinguished mark it is necessary that it
must pass the test of qualifying is distinctive mark. This must be used in conjunction with goods
and services in second it must be capable of being identified as some sort of unique uniqueness
that is attached to the goods and services of the company these are proprietary rights that are
being attached with owner in order to enable him to identify these marks and retrieving the same
symptoms of the goods and services produced by him. The role of intellectual property rights to
encourage creativity and creative activities that lead to the innovation or invention of some sort
of creation in order to promote science art and architecture of the existing works trademark is
rubric of intellectual property that is required to be treated differently 3It is also necessary to
understand that Trademark and not being related to invention rather it is adoption of something
that is already being in existence and developing the techniques for making it distinguished from
the others existing marks .Trademarks have been used for making an indication for a particular
service that are being provided by a business does Trademark or not being developed to
solicitude the creator of Trademark.4 Rather, it is Focus on protecting the rights of the user of
trademark however there are various decisions that have been considered to be the same. In
terms of considering Trademark as a property creation of a logo mark or Trademark has not been
recognised under law as much as compared to patent or copyright rather it is focus of using such
mark logo or design to start using a business and a Unique Identity of the business in the existing
market.
It has also been referred that the purpose of Trademark is to provide appreciation or recognition
to the creator of any sort of Mark, logo for design has the main impact of the trademark. The
3 Darling, K., & Perzanowski, A. (Eds.). (2017). Creativity Without Law: Challenging the Assumptions of
Intellectual Property. NYU Press.
4 Watson, I. (Ed.). (2017). Indigenous peoples as subjects of international law. Taylor & Francis.
6

impact in terms of creativity is to promote and to enhance the creative mind or to increase the
efficiency of individuals in terms of developing creativity and showcasing the same in terms of
creation of trademark. However, the registration of Trademark is merely the consideration of the
creator of such Trademark is the creator wants to get his Trademark registered it will be his total
discretion though the impact on the compliance of legal provisions that are being provided for
protecting his right related to search Trademark. 5In case such Trademark is not being registered
in the creator is not entitled to force the other individual who has created a similar trademark for
recording. The trademark that has been created by the subsequent creator Trademark is also
necessary for claiming ownership on the particular Trademark despite of this there are certain
points that are to be considered in defining the impact of Trademark on creativity.
5 Fromer, J.C. (2011). The Role of Creativity in Trademark Law, Notre Dame Law Review. Volume 86, Issue 5.
7

Effect of trade mark on freedom of public domain:
Australia has well- developed a legal system that protects the property right on business and
individuals. Trademark is a recognisable design, sign or appearance that identifies the services
and products of specific sources from others. Domain names are an identification string which
defines the administrative authority or control within the internet. These names are designed to
enable the citizens to locate the specific site on internet that was increasing on a number of sites.
Picking a domain names is a complex process, one of the vital factors is to include the trademark
within the domain name. Customers are unaware of specific domain name of enterprise can
locate the enterprise by well-known trademark.6 The relation between the trademarks and domain
names can be finding in the domain name disputes. In case where domain names are related to
trademark then the right of a trademark is substantial and formal in the dispute of domain name.
These effects lead to infringement of trademarks in the form of domain name disputes. Therefore
it is the duty of trademark owner to protect the trademark over the domain name7.
Conflict between trademark and domain names:
 If there is a conflict between the dispute of domain name and rights of domain name
holder and trademark holder then conflict arises due to certain reasons such as domain
name provides the address for different sites and evolved the means of communication.
 Conflicts regarding the jurisdictions that cause effects, trademark and domain names
operate in different fields. Trademark operated in real world and confined to a national
level while domain names are operated in virtual world and confined to international
level. Due to this factor, there is an increase in a number of same trademark holder but
6 Bettig, R. V. (2018). Copyrighting culture: The political economy of intellectual property. Routledge.
7 Clarke, Modet& c., 2015. Domain Names and their conflict with the Trademark Registration. Available at:
http://www.clarkemodet.com/en/news/blog/2015/10/domain-names-and-their-conflict-with-the-trademark-
registration#.WqY_Xx1ubGg [Accessed on: 12 March 2018].
8

there cannot be more than one holder in domain name. Due to this, they overlap and it
affects the rights of holder and that leads in to deadlock.
 Conflicts arise in relation to the systems of registration , as a trademark is registered
under national level while domain name is registered under the international level and
there is no connection between these two. Exile issuing the domain name the registrar has
no right to check the rights of trademarks and he can’t interferes between these two. He
has right to reject the domain name if same name exists.
Types of trademark and creativity
Colour trademark: Colour trademark can be function as specific colour and supported by
evidence to achieve the registration. It is the non-conventional trademark in which one colour is
used to perform the function of a trademark that helps to identify the origin of services and
products. Claim for colour has been taken as a sign of a restriction to colour. The colour of
trademark can be taken in three different colours such as yellow, green, purple.
Example: Actual colour and combination of colours claimed must be supplied such as Cadbury
used the shade of purple colour with services and goods.
Smell trademark: Scent trademark is a distinctive smell used to distinguish the services and
goods. Smell can be unusual and that can be connected with particular item or product.
Applications for smell trademark can be in precise and data must be accurate which includes the
description of scent and how it can be used in case of services that have been claimed. Scent
marks are capable of being registered under section 17 of trademark Act 1995 8 It can be used as
a sign or intended to use and differentiates the services in the course of goods and services.
Example: Eucalyptus Radiate scent applied to golf tees.
8 Alvesson, M., & Sköldberg, K. (2017). Reflexive methodology: New vistas for qualitative research. Sage.
9

Word marks: Word mark can be in for of text in name of institution, company that is used for the
branding and identification. Representation of word mark becomes a symbol for the product.
Example: it can be in graphic identities of Microsoft and IBM.
Three dimensional trademarks: It is a sign that is capable of being represented clearly and that
helps to differentiate the services and products from other undertakings. 3D trademark protects
the shape of products that facilitate the difference in market from others shaped by competition.
The rights obtained by the 3 D have a time period of 10 years that can be renewed for the same
period.
Sound trademark: It is a trademark in which sound is used to perform the function of trademark
uniquely and identifies the commercial origin of services or products. Sound trademarks cannot
be represented graphically with musical notation includes the graphically representation of mark.
In order to consider a Trademark to be different or a distinguished mark, it is necessary that it
must pass the test of qualifying is distinctive mark. This must be used in conjunction with goods
and services in second it must be capable of being identified as some sort of unique uniqueness
that is attached to the goods and services of the company. These are proprietary rights that are
being attached with owner in order to enable him to identify these marks and retrieving the same
symptoms of the goods and services produced by him. The role of intellectual property rights to
encourage creativity and creative activities that lead to the innovation or invention of some sort
of creation in order to promote science art and architecture of the existing works. Trademark is
rubric of intellectual property that is required to be treated differently it is also necessary to
understand that Trademark and not being related to invention. Rather, it is adoption of something
that is already being in existence and developing the techniques for making it distinguished from
the others existing mouth trademarks have been used for making an indication for a particular
service that are being provided by a business. Thus, trademarks are not being developed to
solicitude the creator of Trademark. Rather, it is Focus on protecting the rights of the user of
trademark however there are various decisions that have been considered. In terms of
considering Trademark as a property creation of a logo mark or Trademark has not been
recognised under law as much as compared to patent or copyright rather it is focus of using such
10

mark logo or design to start using a business and a Unique Identity of the business in the existing
market 9
It has also been referred that the purpose of Trademark is to provide appreciation or recognition
to the creator of any sort of mark, logo for design has the main impact of the trademark. This is
in terms of creativity is to promote and to enhance the creative mind or to increase the efficiency
of individuals. This will be required to be done in terms of developing creativity and showcasing
the same in terms of creation of trademark. However, the registration of Trademark is merely the
consideration of the creator of such Trademark is the creator wants to get his Trademark
registered. It will be his total discretion though the impact on the compliance of legal provisions
that are being provided for protecting his right related to search Trademark in case search
Trademark is not being registered in the creator is not entitled to force The Other individual who
has created similar trademark for recording The trademark that has been created by the
subsequent creator Trademark is also necessary for claiming ownership on the particular
Trademark despite of this there are certain points that are to be considered in defining the impact
of Trademark on creativity.10
Trademarks are intellectual property rights that are provided to the inventor of some innovative
design inform of logos marks designs colour and smell. Trademark is often used as a symbol for
conducting trade and commercial activities these are primarily the signs that are being used by
brands or companies for making a significant difference in terms of providing a differentiation as
a part of commercial activities. Trademark act as a protection for the creativity that has been
used or developed by the designer of such design that has been included as an integral part of the
brand name or brand logo. In other words it can be stipulated that trademark is the very essential
rights that are bestowed with the trademark holder in terms of protecting his creation or vision in
respect of words design what specifications that have been provided in a particular trademark.
9 Fishman, J. P. (2015). Creating around Copyright. Available at:
https://www.law.berkeley.edu/files/Fishman_Joseph_IPSC_paper_2014.pdf [Accessed: 12.03.2018].
10 Curtis, J.M. (2012). International Property Rights and International Trade: An Overview, CIGI. Available at:
https://www.cigionline.org/sites/default/files/no.3.pdf [Accessed: 12.03.2018].
11

Protection of colour marks:
Colours are used to differentiate the services and goods, whether by use on products or on the
packaging in advertising material. Sometimes it is necessary to register the colour as a trademark
or a combination of colours or with different coloured word or dress. There are many reasons to
select the single colour marks.
 According to the theory of colour depletion, there is limited number of colours are
available. Therefore monopolization of single colour creates a unjustified competitive
advantage for a trader. For example, green colour for ecological services and goods, grey
colour from machines, these are non- distinctive.
 Internationally colour are recognised the codes of colour such as Pantone, it is not
perceived by the public and creates a confusion in their mind.
 It is asserted that consumers are not making assumptions for services and goods because
colour possesses inherent capacity for communicating information.
From the above reasons, colours may be registered on the basis of distinctiveness in
exceptional cases. For example, registration of black colour as milk is distinctive in
nature
Another principle for colour marks is that it must satisfy the requirements of graphic
representation and hat must be precise, clear, easy, durable and objective. To fulfil these criteria,
the applications must contain a detailed description and designation of colour that is used
internationally.
In Australia, trade mark is protected by the registration under the consumer protection and
common law. These can be invoked to protect the trademarks or trade dress of one or more
colours. If registration of colour can be obtained under trademarks act, the process of registration
is easy.
In Winterbottom Book Cloth Co. Ltd.’s Application and Reddaway & Co ltd. Application ,
the trademark by reference to colour has been registered under the predecessors to the Trade
Marks Act 199511.
11 Winterbottom Book Cloth Co. Ltd.’s Application and Reddaway & Co ltd. Application
12

Important role of trademark in their exploitation:
Exploitation of trademark can be in form of assignment or in license o the mark by the
proprietor of trademark. Assignment involves the outright sale in which only one transfer of
property can be done to the new owner. License of trademark involves the granting of limited
right to use the mark by the proprietor of trademark t specific persons
According to the laws of Australia, trademark act does not specify the joint owners hold as
joint tenants in common. They hold as joint tenants which states that their shares are
undivided. It is presumed that joint that joint tenancy is displaced among the co-owners. As a
consequence, the owner of a trademark may not sue for the infringement of that trademark
without joining the other co-owner as a party.
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Findings
It is analyse from the statement of research that trademark laws provide the various benefits in
context of protection this states that it does not hamper the creativity in economic interest .
Trademark is considered as the valuable and effective tool of company the customers identify the
image and quality of the services and goods that are produced in the market. In Australia,
different types of trademark are to be registered such as collective trademarks, purpose
trademarks. For registration a procedure must be prescribed and certain benefits are available to
the owner12
 Owner should have the right to use the registered trademark for the services and goods in
the process of registration.
 Owner has right to sell the registered trademark.
 Protection can be given in common wealth of Australia.
 Avert other from using the trademark without the consent of owner.
From the research statement, it can be analyse that creativity can hamper if the trademark is not
registered. It is necessary to register trademark to protect the economic interest, but due to some
reason if trademark cannot registered then it is not valid. A trademark is not register able if it is
not capable of distinguishing the services and goods in the market place. Trademark which
creates the conflict or which mislead the public in context for services and goods that trademark
is not registrable13.
Different words are protected under the laws of trademark 1995 such as OLYMPIC
CHAMPION. CHAMPAGNE is prohibited under the class 33 OF Australian wine and brandy
corporation Act 1980. Australia is a member of Paris convention for the protection of IP laws
and extends the protection for registration of trademark. For registering the trademark, the owner
12 Stim, R., 2017. Patent, copyright & trademark: an intellectual property desk reference. Nolo.
13 Casa Asin, 2017. Three dimensional trademark. What is it and what is it for? Available at: http://en.casas-
asin.com/three-dimensional-trademark-what-is-it-and-what-is-it-for.[Acessed on: 9 march 2018].
14

should search the trademark records and it must register for the certain class of services and
goods.
In Colbeam Palmer ltd. V stock Affiliates Pty ltd. 122(1968) : In this case, the trademark is
defined as the symbol of specific kind of industrial and incorporeal property that includes in the
right of a person in trade to differentiate by special mark goods in which he deals from the goods
of other person 14
Role of creativity in trademark:
Express co. v Goetz, 515 (2008) In this case, it has been held that trademark law is designed to
promote the trade by protecting the consumers from confusion, this helps to minimise the cost.
creativity does not seem to be sine qua non of trademark law15
Marks are recognised as distinctive if they are suggestive, fanciful or arbitrary in nature.
Zatarains, Inc v oak Grove smokehouse (1983)16
14 Colbeam Palmer ltd. V stock Affiliates Pty ltd. 122(1968)
15 Express co. v Goetz, 515 (2008)
16 Zatarains, Inc v oak Grove smokehouse (1983)
15

Domain name:
It has to be asserted that domain name should be enumerated as a trademark in order to protect
the domain name more effectually. If domain name has any source then it must be registered as a
service mark and trademark. WIPO recommends that domain name registration is prior to the
registration of a trademark
It is necessary to register the trademark and domain name. In case where someone other than the
trademark owner registers a trademark as a domain names or where domain name is registered as
trademark then in that case, legislation is as follows:
 Registering a domain names includes a registered trademark by another person and using
that that name for services and goods which is identical to the registered trademark,
constitute infringement under Art. 61 and 62 of trademark law.
 Application is framed to register the trademark a well- known domain name of another,
and the services are covered under the trademark, in that case if there are any confusion
and misidentification among the consumers, then the registration can be denied under
section 37 of trademark law 17
Legal remedy for the domain name: If there is any conflict between the domain names and
trademark registration and others creations have been violated then in that case effective and
expeditious procedure are implemented to protect the intellectual creations.
Milirrpum v. Nabalco Pty ltd.(1971) In case of property right, there are three rights they can be
in right to quite a possession, right to use, right to dispose of property. Domain name includes
the Right to use and right to possession18.
17 Findlaw, 2017. Protection of trademarks in Australia.
http://corporate.findlaw.com/intellectual-property/protection-of-trademarks-in-australia.html [Accessed on 12 March
2018].
18 Milirrpum v. Nabalco pty ltd.(1971)
16

Lockheed martin Corp v. Network solutions Inc. 985 (1997) The matter of jurisdiction is
decided and connection between the system of registration of trademarks and domain names
creates a conflict. As trademark is registered at the national level while domain name is to be
registered under the international level19.
19 Lockheed martin Corp v. Network solutions Inc. 985 (1997)
17

Research methodology:
The research is completed with the help of following methodology. These are provided
thereunder:
Qualitative Research: The qualitative research is the one which is conducted on the basis of the
journals, articles, PDF, etc. it is basically concerned with the subjective assessment based on the
attitudes of individuals, their opinion and the behaviour. In this form the non-quantitative type of
analysis is provided. The nature which is perceived in this research is exploratory. In this
research there is usage of the qualitative research methodology to support the arguments. The
effective and the reliable articles are researched and then the understanding of it is developed 20
Qualitative Research is divided into two forms which cover the primary and secondary methods
of data collection. The primary data is the one which is collected for the first time while the
secondary data is the one which includes the collection of data which is already used in by the
other person or the party.
In this form of research the secondary data is basically used to collect in the resources. The data
regarding the creativity on trademark laws are taken from the published articles or the journals
which are consistent and reliable.
20 Alvesson, M., & Sköldberg, K. (2017). Reflexive methodology: New vistas for qualitative research. Sage.
18

Conclusion:
It is concluded from the research that the trade mark rules and the regulations and the other
intellectual property rights help in protecting the interests of the individual product. This research
also helps in providing the effective understanding regarding the working regulations and the
practices used in the trademark laws and the regulations. It is analysed from the research that is
conducted above that the trademark laws do not hamper the creativity rather they help in
providing the protection to the customers. These laws help in protecting the creativity and the
designs of the products. Similarly the laws related to the colour depletion also provide an idea
regarding the monopolisation used in context to the laws provided in the Australia.
Thus the colour mark are made for a narrow market and obtain a registration in the case of
distinctive and acquisition through extensive use and promotion. While granting the protection to
colour mark and registration the courts and registration authorities have to consider the social
and economic background of country. The effective discussion in regards to the customer
protection and the trade laws and the regulations helps in the development of a framework which
helps the customers and industries to gain a valuable insight about the working of the laws in
Australia. The registration in relation to the trade mark helps in the individuals to develop the
more statistical and the effective analysis of the products. The trademarks designed helps in the
development and the recognition of the product which is designed by its creator. The registration
of the trademark helps in the protecting the assets of the organisation which saves their working
and the results. The effectiveness in terms of the conflicts arrived among the trademark and the
domain names are also provided effectively in the research provided above.
19

References
Books:
 Alvesson, M., & Sköldberg, K. (2017). Reflexive methodology: New vistas for qualitative
research. Sage.
 Bettig, R. V. (2018). Copyrighting Culture: The political economy of intellectual
property. Routledge.
 Darling, K., & Perzanowski, A. (Eds.). (2017). Creativity Without Law: Challenging the
Assumptions of Intellectual Property. NYU Press.
 Fromer, J.C., 2011. The Role of Creativity in Trademark Law. Notre Dame L. Rev., 86,
p.1885.
 Stim, R., 2017. Patent, copyright & trademark: an intellectual property desk reference.
Nolo.
 Watson, I. (Ed.). (2017). Indigenous peoples as subjects of international law. Taylor &
Francis.
Journals:
 Curtis, J.M. (2012). International Property Rights and International Trade: An Overview,
CIGI. Available at: https://www.cigionline.org/sites/default/files/no.3.pdf [Accessed:
12.03.2018].
 Fishman, J. P. (2015). Creating around Copyright. Available at:
https://www.law.berkeley.edu/files/Fishman_Joseph_IPSC_paper_2014.pdf [Accessed:
12.03.2018].
 Fromer, J.C. (2011). The Role of Creativity in Trademark Law, Notre Dame Law
Review. Volume 86, Issue 5.
 WIPO, (2012). The Enforcement of Intellectual Property Rights: A Case Book. Available
at: http://www.wipo.int/edocs/pubdocs/en/intproperty/791/wipo_pub_791.pdf [Accessed:
12.03.2018].
Cases
20

 Winter bottom Book Cloth Co. Ltd.’s Application and Reddaway & Co ltd. Application
 Lockheed martin Corp v. Network solutions Inc. 985 (1997)
 Milirrpum v. Nabalco pty ltd.(1971)
 Zatarains, Inc v oak Grove smokehouse (1983)
 Colbeam Palmer ltd. V stock Affiliates Pty ltd. 122(1968)
 Express co. v Goetz, 515 (2008)
Legislations
 Trademark Act 1995.
 Australian wine and brandy corporation Act 1980.
Websites
 Casa Asin, 2017. Three-dimensional trademarks. What is it and what is it for? Available
at: http://en.casas-asin.com/three-dimensional-trademark-what-is-it-and-what-is-it-for.
[Acessed on: 9 March 2018].
 Clarke, Modet& c., 2015. Domain Names and their conflict with the Trademark
Registration. Available at: http://www.clarkemodet.com/en/news/blog/2015/10/domain-
names-and-their-conflict-with-the-trademark-registration#.WqY_Xx1ubGg [Accessed
on: 12 March 2018].
 Findlaw, 2017. Protection of trademarks in Australia.
http://corporate.findlaw.com/intellectual-property/protection-of-trademarks-in-
australia.html [Accessed on 12 March 2018].
21