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Amanda Scardamaglia

Swinburne University of Technology, Hawthorn, Faculty of Business and Enterprise, Faculty Member

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Address: Hawthorn, Victoria, Australia

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Universidad Nacional Autónoma de México

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Papers by Amanda Scardamaglia

The Colonial Trade Mark Regime: Parallel Rationales, Theories and Frameworks

King's Law Journal, 2011

Protecting product shapes and features: beyond design and trade marks in Australia

Journal of Intellectual Property Law & Practice, 2012

‘Are you Nuckin Futs? Registering ‘Scandalous’ Trade Marks in Australia,’ (2012) European Intellectual Property Review 34(9) 628

The case law on scandalous trade marks in Australia is relatively sparse. As such, a definitive g... more The case law on scandalous trade marks in Australia is relatively sparse. As such, a definitive guide to the categories of signs that would qualify as scandalous has been left wanting. The recent registration of 'Nuckin Futs' and 'Pommiebasher' however, provide some clarification, indicating a closing in on the types of marks that may be refused registration in the future.

‘The Colonial Trade Mark Regime: Opening Up the Australian Archives on Colonial Trade Mark Registrations’ (2013) 24 Australian Intellectual Property Journal 222

‘Misleading and Deceptive Conduct in Australia: Google Inc v Australian Competition and Consumer Commission [2013] HCA1’ (2013) 35(11) European Intellectual Property Review 707

‘Protecting Product Shapes and Features: Beyond Design and Trade Marks Australia’ (2012) 7(3) Journal of Intellectual Property Law and Practice 159

Book Chapters by Amanda Scardamaglia

‘Keywords, Trademarks and Search Engine Liability’, in René König and Miriam Rasch (eds), Society of the Query Reader: Reflections on Web Search (Institute of Network Cultures, 2014).

Thesis by Amanda Scardamaglia

Doctor of Philosophy of Law, The University of Melbourne, Parkville (2012) – ‘A History of Trade Mark Law in Australia: The Colonial Trade Mark Regime.

The Colonial Trade Mark Regime: Parallel Rationales, Theories and Frameworks

King's Law Journal, 2011

Protecting product shapes and features: beyond design and trade marks in Australia

Journal of Intellectual Property Law & Practice, 2012

‘Are you Nuckin Futs? Registering ‘Scandalous’ Trade Marks in Australia,’ (2012) European Intellectual Property Review 34(9) 628

The case law on scandalous trade marks in Australia is relatively sparse. As such, a definitive g... more The case law on scandalous trade marks in Australia is relatively sparse. As such, a definitive guide to the categories of signs that would qualify as scandalous has been left wanting. The recent registration of 'Nuckin Futs' and 'Pommiebasher' however, provide some clarification, indicating a closing in on the types of marks that may be refused registration in the future.

‘The Colonial Trade Mark Regime: Opening Up the Australian Archives on Colonial Trade Mark Registrations’ (2013) 24 Australian Intellectual Property Journal 222

‘Misleading and Deceptive Conduct in Australia: Google Inc v Australian Competition and Consumer Commission [2013] HCA1’ (2013) 35(11) European Intellectual Property Review 707

‘Protecting Product Shapes and Features: Beyond Design and Trade Marks Australia’ (2012) 7(3) Journal of Intellectual Property Law and Practice 159

‘Keywords, Trademarks and Search Engine Liability’, in René König and Miriam Rasch (eds), Society of the Query Reader: Reflections on Web Search (Institute of Network Cultures, 2014).

Doctor of Philosophy of Law, The University of Melbourne, Parkville (2012) – ‘A History of Trade Mark Law in Australia: The Colonial Trade Mark Regime.