The Federal Court’s decision in AGL v Greenpeace1 confirms that using a corporate logo in activist or protest materials may be permissible under both copyright and trade mark law, but only where that use constitutes a “fair dealing” for the genuine purpose of “parody or satire”. Not all such uses will fall within that exception, so a fine line must be trodden to avoid infringement.

 

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Rebekah Gay
Rebekah Gay
Partner and Joint Global Head of Intellectual Property, Sydney
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Aaron Hayward
Aaron Hayward
Senior Associate, Sydney
+61 2 9225 5739