The requirement of trade mark use: Recent developments in Australia

The non-use provisions of the Trade Marks Act 1995 (Cth) have attracted some attention in recent reviews of the trade marks system and some reform of these provisions now seems likely. Unfortunately, however, there has been a failure to confront the full range of problems that hamper the effectiveness of the current non-use provisions. Once these problems are properly understood, it can be seen that more wide-reaching reforms than those being canvassed at present merit serious consideration.

Taming the tigers? Reforming the security sector in Southeast Asia

Despite global trends towards military reform characterized by processes of professionalization and democratization, militaries in Southeast Asia have continued to play prominent roles in domestic politics since 11 September. This suggests that wider patterns of global military reform have not had as great an impact on the control, capacity and cooperative functions of armed forces in Southeast Asia as they may have elsewhere. In order to explore why the security sector reform agenda has had so little impact in the region, we investigate recent patterns of civil-military relations in Southeast Asia by focusing on the experiences of four of the region's militaries: Malaysia, Thailand, the Philippines and Indonesia. We argue that the security sector reform agenda is informed by a predominantly North American approach to civil-military relations based on a number of core assumptions that do not reflect Southeast Asian experiences. Hence, we ask whether the reform agenda itself could be modified to better suit the Southeast Asian context. We suggest that although the regional military sector has not reformed along a 'Western' path it is nonetheless possible to see other types of, and potential for, reform.

New York mark-ups on petroleum products

In this paper we analyse rigidities in the behaviour of the mark-up on regular, midgrade and premium varieties of petrol in the New York area using a set of weekly frequency data and a methodology that analyses the pricing process using deterministic and stochastic techniques. The results are consistent across methodologies and indicate that the speeds of adjustment to the long-run equilibrium mark-up differ across varieties of petrol with margins of the premium variety falling faster than they rise, contrary to the popular claim of welfare-decreasing asymmetries in price transmission. © 2012 The Authors. The Manchester School © 2012 Blackwell Publishing Ltd and The University of Manchester.

O2 v Hutchison 3G comparative advertising:European trade mark law beyond compare?

Legislation: Directive 89/104 on trade marks art.5 Directive 84/450 on misleading advertising Directive 97/55 amending Directive 84/450 concerning misleading advertising so as to include comparative advertising Case: O2 Holdings Ltd v Hutchison 3G UK Ltd (C-533/06) [2008] E.C.R. I-4231 (ECJ (1st Chamber)) *Comms. L. 155 Long, long ago a trade mark allowed a craftsman to be identified and held accountable for shoddy goods. Today in the era of the ‘Lovemark,’1 due to extensive advertising hopes and aspirations a lifestyle can be purchased with a brand. For many products a trademark is no longer merely a badge of origin but has a commercial value of its own. Through advertising an emotional attachment is created in the heart of the consumer for particular brands. Brand owners are determined that the value of this attachment be preserved and protected against any encroachment into the aura that has been painstakingly created. Comparative advertising, the allusive use of a mark, is seen by the owners of such emotive brands as likely to jeopardise the character of the brand that they have so carefully nurtured. As they have invested so heavily in creating their concept these owners want to control its use by others. There is an issue however as to how far this control ought to extend when the image is used in the marketing of a rival's goods or services.

Soccer, South Africa and celebrity status:Mark Fish, popular culture and the post-apartheid state

The rise of celebrity culture is a theme that has attracted a significant amount of attention within both mainstream sociology and cultural studies in more recent times. Ensuing debate has identified contemporary sports figures as an important facet of the celebrity‐media nexus and as possible signifiers of cultural change. In this paper we take one particular sports celebrity, South African soccer star Mark Fish, and evaluate his image in relation to debates surrounding sport, politics and the post‐apartheid state. We argue that because Fish appears to enjoy all the benefits of celebrity status (within his home country at least), an analysis of his career and identity provide a useful means by which to think about the changing political and nationalistic values within South African society.