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Both registered and unregistered trademarks are recognised and protected in Australia, either by way of formal registration under trademark legislation, or the protection afforded by the consumer law and the common law tort of passing off. Australia’s trademark legislation provides avenues for the opposition to registration of trademarks, as well as removal of trademarks from the register.
22 September 2023
The evidence strongly suggested that the conduct of the respondents was designed to mislead consumers into believing that they were licensed or otherwise authorised by Pokémon to develop games.
21 February 2023
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