Asian companies selling into Australia now face higher trademark risks

MELBOURNE - A recent case heard by the Federal Court of Australia could have major trademark implications for foreign companies selling into Australia, according to Trademark law expert Ben Hamilton, a partner with Hall & Wilcox Lawyers.

The case, Playgro vs Playgo saw an Australian company take successful action for trademark infringements against a Chinese manufacturer.

A key to the finding was that the Hong Kong entities were both held to have known that the products were being supplied in China for eventual sale in Australia – even though the first sales of its product were overseas.

Hamilton says foreign companies now need to be extra careful if they know their product might be going to Australia, because under this finding many foreign companies could be caught unawares.

He says foreign companies need to know that if they don’t own a trademark in Australia they could be found in breach of trademark even they own it elsewhere. This applies even if product is sold into Australia unbeknown to the company.  www.hallandwilcox.com.au (ATI).