Even if you had a trade mark it would be registered in Australia rather than the USA and so only of slight use to you. You might ask your lawyers to look at 'Maxim's v DYE' and at 'Taco Bell v Taco Co of Australia'. These are two cases where passing off was considered across large distances (ie overseas). Your case would be hugely strengthened by evidence of Australia Post having some dealings or trade in the USA which would give rise to a reputation that could be protected. Personally, I'd be also looking at the possibility of registering a trade mark in the USA. Just a few thoughts from someone who isn't an intellectual property lawyer... please give me a call if you want more info on those citations. Regards and good luck Ari On Thu, 7 Oct 1999, 1:08:32 am GMT Rowe, Joshua wrote: >Have there been any legal precedents set (in Australia or OS) for getting >your own name back from people like this: > >http://www.australiapost.com/ > --------------------------> ish group pty ltd 7 Darghan St Glebe 2037 Australia phone +61 2 9660 1400 fax +61 2 9660 7400 email info§ish.com.au PGP fingerprint 08 57 20 4B 80 69 59 E2 A9 BF 2D 48 C2 20 0C C8Received on Thu Oct 07 1999 - 11:22:25 UTC
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