Dishonestly and without due cause

Legal context: UK trade mark law was harmonised with the laws of other EU memberstates pursuant to the Trade Marks Directive (89/104/EEC) withthe coming into force of the Trade Marks Act 1994. Since then,the English courts have sought to absorb into English jurisprudencecontinental concepts of unfair competition, and a new code relatingto the use of another's trade mark in comparative advertising.Traditionally, the English approach has been more liberal andless protective of a trade mark owner's rights than that ofcontinental jurisdictions, but since 1994 the ECJ has been calledupon to provide frequent guidance on the interpretation of expressionssuch as the "essential function" of a trade mark and the "dutyto act fairly" in relation to the legitimate interests of thetrade mark proprietor. Key points: This article examines the way in which some recent decisionsof the ECJ have led to the English courts having greater regardto the property interests of the trade mark owner and less regardto the concepts of free market competition and consumer protection.In the recent High Court case of L'Oréal and others vBellure NV and others, Lewison J made findings of infringementunder s.10(1) and (3) Trade Marks Act 1994 where he found thatthere was "free riding" on the back of the reputation of certainof L'Oreal's trade marks without there being any evidence ofconfusion or association between the trade marks and the defendants'signs. Practical significance: For trade mark owners, this change in the approach of the Englishcourts opens up new opportunities to combat look-alike productsand comparative advertisements which take unfair advantage ofthe reputation of established marks.     

A Theoretical Understanding of Abusive Intimate Partner Relationships that Become Non-violent: Shifting the Pattern of Abusive Control

Our theoretical understanding of abusive intimate partner relationships has ignored relationships that have become non-violent. We interviewed a community convenience sample of 27 women whose relationships had become non-violent. Using the constant comparative analysis of grounded theory, we generated a substantive theory, shifting the pattern of abusive control with three sub-processes, counteracting abuse, taking control, and living differently. Women’s acquisition of personal capacity and autonomy was foundational to countering the insidious oppression of abuse. Partners in these relationships that became non-violent, paid attention, gradually backing off and ceasing violent acts. For some women, coexisting in a violence-free relationship was satisfactory; for others, investing in an improved intimate partner relationship was essential for sustaining living differently. This theory provides direction for women who are working toward living differently with partners who are no longer violent, and for their helpers. Further, our findings contribute to our theoretical understanding of how abusive couple relationships may evolve over time.     

Reinventing the Governance of Public Finances in Remote Indigenous Australia

The economies of remote Indigenous settlements are dominated by public finances. The current system of governing public finance is highly saturated, fragmented and centralised, and this has a corrosive effect on local governance capability. The political accountability of leaders to their constituents is weakened in favour of an administrative accountability ‘upwards’ to higher authorities. New Public Management reforms have promoted administrative deconcentration, over political devolution, and this has been accompanied by an influx of public servants, Non‐Government Organisations (NGOs) and private contractors, and a decline in Indigenous organisations and local government. The end result in many settlements is a marked disengagement of Indigenous people in their own governance. There is evidence of considerable political capabilities existing within local government electorates. Decentralised financing arrangements can be used to catalyse these capabilities and then address deficits in administrative and technical performance.