Sam Funnell

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Government Branding

Sam Funnell Managing Principal Solicitor Commercia
l Property Branch
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Victorian Crest
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S3 of the Unauthorised Documents Act

• Every person who directly or indirectly without
  the previous written authority (proof whereof
  shall lie upon the person accused) of the Queen,
  or of any member of the Royal Family, or of any
  Government Department in the United Kingdom of
  Great Britain and Northern Ireland, or of the
  Governor-General or Governor or other the person
  administering the Government of any part of the
  Queen's Dominions (exclusive of the United
  Kingdom), or of any Government Department in any
  such part of the Queen's Dominions, or without
  the authority of any Act of Parliament or
  Ordinance in force in any part of the Queen's
  Dominions inclusive of the United Kingdom
• continuing

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S3 of the Unauthorised Documents Act

• prints publishes or distributes or sends or
  delivers to or serves on any person or
• causes to be printed published or distributed or
  sent or delivered to or served on any person
• any written or printed matter whatsoever in or
  upon which the Royal Arms or the Arms of any part
  of the Queen's Dominions, or Arms so nearly
  resembling the Royal Arms or the Arms of any part
  of the Queen's Dominions as to be likely to
  deceive, appear in such a manner as to be likely
  to lead other persons to believe that permission
  has been duly given by or under such authority as
  aforesaid to use such Arms in or upon such
  written or printed matter shall be liable to a
  penalty not exceeding 10 penalty units.

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State Government of Victoria Slogan
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Preventative Measures

• Trade Marks
• Domain Names
• Business Names

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Tourism Victoria -Youll love every piece of
Victoria
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The Metropolitan Fire Brigade Victoria - MFB
Protecting Our Community
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Victorian Government initiative to promote
healthy eating and physical activity - Go for
your life
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Parks Victoria Healthy Parks Health People
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Curative Measures

• Domain Name Disputes
• Uniform Domain Name Resolution Policy (UDRP)
• Informal request to registrar - auDA
• Trade Practices Legislation
• Passing Off

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Uniform Domain Name Resolution Policy (UDRP) -
Three Elements

• The domain name is identical or confusingly
  similar to a trademark or services mark in which
  the complainant has rights
• The domain name holder has no rights or
  legitimate interests in relation to the domain
  name and
• The domain name has been registered and is being
  used in bad faith.

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4(b) UDPR - evidence of use in bad faith

• Domain name acquired primarily for the purpose of
  selling to the owner of trade mark or
• Domain name registered in order to prevent owner
  of the trade mark from doing so, provided there
  is a pattern of such conduct or

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bad faith continued

• Domain name registered primarily for the purpose
  of disrupting the business of a competitor or
• By using, the domain name, you have intentionally
  attempted to attract internet traffic, for
  commercial gain, by creating confusion as to
  affiliation or endorsement of your website.

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Yarra Trams case

• yarratrams.com.au
• yarratrams.com

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Recommendations

• Pre-Search
• Early Registration
• Law Reform