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Forum
Started Jan 14 2013, 16:26
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Jan 14 2013, 16:26
Hi All,
New member here, I have no legal experience beyond general life experience, I gather this is not a place to get legal advice specifically here but hopeing some members might be able to point me into the right direction on a specific matter.
One of my clients received a cease and desist letter over the metadata they were using to optomise their website for search engines.
This was specifically "industry name" + "Australia".
To protect my clients identity, lets just say it could be something like the following :-
"Mechanics Australia"
"Home loans Australia"
"Carpet Cleaners Australia"
The search and decease letter came from a company who's name is specifically the same context, "Industry name" + "Australia"
I think most would agree that its common practice to search industry and australia on your favourite search engine.
I refer to the following article from IP Australia (http://www.ipaustralia.gov.au/get-the-right-ip/trade-marks/manage-your-trade-mark/protecting-your-trade-mark/)
I would imagine this would be a common situation and this may be classified as a generic term.
Please feel free to offer your opinion and also if anyone has references or experience to a case when this has been challenged before.
Cheers,
Mr kgtom
ID#12637658
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