A couple of months ago, we wrote about an American dance/rock band who had to go all the way to the top (in this case, the US Supreme Court) in order to win the right to trade mark their band name. We then considered how that case might have played out in Australia, given the prohibition in Australian trade mark law of the registration of “scandalous” trade marks.
We would certainly never suggest that the excellent people at the Law Society Journal are avid for scandal, but they were sufficiently avid for scandalous trade marks to publish a version of that article (for which we enlisted Stuart Green of DibbsBarker as co-author) in the September edition of the LSJ.
You can download a copy of the article here: Scandalous trade marks (September LSJ)
(And yes, we did try to get the “long way to the top” reference into the article, but alas, the space was needed for other words. So here it is . . .)