[Linux-aus] Linux Trademark

Kim Weatherall k.weatherall at unimelb.edu.au
Thu Sep 15 17:58:02 UTC 2005

>That means that Microsoft can make an incompatible
>product and call it Linux, then post benchmarks about how badly "Linux"
>performs compared to Windows.

I don't think that one is a real concern - it would be pretty easy to argue 
that Microsoft, in this case, was engaging in 'misleading and deceptive 
conduct' which is banned under the Trade Practices Act/Fair Trading Acts.

Would be good to see a copy of the decision if you have it Anthony (I teach 
trade mark law at unimelb - I might even understand it!).


Kim Weatherall


Kimberlee Weatherall
Associate Director and Lecturer
Intellectual Property Research Institute of Australia (http://www.ipria.org)
Law School, The University of Melbourne, Victoria 3010
Ph: (61 3) 8344 1120 Fax: (61 3) 9348 2353
Email: k.weatherall at unimelb.edu.au
Blog: http://weatherall.blogspot.com
You can access my papers on the Social Science Research Network (SSRN) at 
the following URL: http://ssrn.com/author=392897

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