Shanahan's Australian Law of Trade Marks and Passing Off

Overview of "Shanahan's Australian Law of Trade Marks and Passing Off"

Authors: The book is authored by Professor Mark Davison and Ian Horak, both of whom are experts in the field of trade mark law. Ian Horak is a member of the Victorian Bar, adding a practitioner's perspective to the work.

Editions: The book has been published in multiple editions, with the most recent being the Seventh Edition. The earlier editions include the Fifth and Sixth Editions, which also provide comprehensive analyses of the law of trade marks and passing off in Australia.

Key Themes:

1. Trade Mark Law Analysis: The book provides a fully updated analysis of the law of trade marks in Australia, focusing on changes since 2016. It covers both domestic and international developments in trade mark law.
2. Passing Off and Misleading Conduct: The work explores the law of passing off and its legislative equivalents, including recent decisions on misleading and deceptive conduct related to unregistered trade marks.
3. Quality Control and Parallel Importing: It discusses issues of quality control in cases like Anstalt v Campari and subsequent decisions, as well as parallel importing following the Scandinavian Tobacco case and the introduction of section 122A of the Trade Marks Act.
4. Ownership and Substantial Identity: The book addresses significant refinements in considering issues of ownership, the assessment of substantial identity, and the comparison of trade marks after the Pham Global case.
5. Descriptive Subject Matter: It updates the discussion on passing and misleading deceptive conduct, including recent decisions such as Shape Shopfitters Pty Ltd v Shape Australia Pty Ltd, Stone & Wood Group Pty Ltd v Intellectual Property Development Corporation Pty. Ltd., and Urban Alley Brewery Pty Ltd v La Sirene Pty. Ltd.

Critical Reception:

• Authoritative Commentary: The book is recognized for offering authoritative commentary from Australia's leading experts, making it an ideal reference for every trade marks matter.
• Practitioner Focus: It maintains a reputation for combining a practitioner focus with deeper analysis of the law, providing valuable insights for both legal professionals and academics.
• Online Subscription Service: The work is also available as an online subscription service, which is beneficial for those requiring frequent updates on trade mark law.

Plot Summary: The book does not have a narrative plot but rather a comprehensive and analytical structure. It systematically covers various aspects of trade mark law and passing off in Australia, including recent judicial decisions and legislative changes. The Seventh Edition is particularly notable for its detailed analysis of new developments in trade mark law, ensuring it remains a seminal work in the field.

Overall, "Shanahan's Australian Law of Trade Marks and Passing Off" is a highly regarded treatise that provides a thorough and authoritative analysis of trade mark law and passing off in Australia. Its updates and comprehensive coverage make it a valuable resource for legal professionals and academics alike.