For use by students enrolled in LWN117, Cyberlaw and Policy (QUT).
This case, although of interest to Google and Bing etc who operate internationally, may not have any bearing on Australian Trade Mark law. There are two reasons for this: first, the 8 factors referred to in that case are quite different to the test developed by the Courts under the Australian TM Act. Second, and probably most importantly, the US has the "anti-dilution" provisions which Australia does not have.
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