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International Law

: Lightbulb IP blog

My shirt lacks legal design or how to beat parallel importation and avoid carpetbagger IP advice

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It's casual Friday and I'm wearing a blue pinstripe white Ralph Polo business shirt. It has a blue embroidered polo player logo. A relative bought it for me in the United States. She bought it as an out of season design from an outlet store in California, probably for a price far cheaper than anywhere in Sydney. Would it be legal if my relative buys bulk boxes of these embroidered good value shirts from the United States, and retails them in Sydney? I'll answer this question shortly, inspired by last month's court decision in The Polo/Lauren Company L.P. v Ziliani Holdings Pty Ltd [2008] FCA 49 (http://www.austlii.edu.au/au/cases/cth/federal_ct/2008/49.html). This case is the first time an Australian court has ruled on what is a label for the purposes of sections 37(1), 38(1) and 44C of the Copyright Act 1968 (Cth). My focus here is not technical. Instead, I want to talk about how to gain intellectual property protection for products , make money with IP and win in court if you have to go there. Listen first to what I said in 2005 in this short video made at our firm's Keeping it Real client seminar on branding (keeping-it-real/seminar-keeping-it-real.html). Noric Dilanchian Video on Legal Design SFY2UMfzlBE

Full post as published by Lightbulb IP blog on March 06, 2008 (boomark / email).

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