E-Law, Jurisdictions, Contracts - Essay Example

While the question of an infringing trademark may be easily established in this case since the logos so closely resemble each other, it is a more difficult matter to establish the jurisdiction of Australian courts to deal with the legal issues of an infringing trademark. While specific jurisdiction may not apply in this case, it is possible that general jurisdiction may apply if Atherton’s products are accessible to customers in Australia, either online, through mail order or any other means of access.

Any contract of purchase that is entered into by an Australian customer will entitle the case to be valid within Australian jurisdiction. Cyberspace has been defined as “the total interconnectedness of human beings through computers and telecommunication without regard to Physical geography.” (Gibson 1984) and “crime has ceased to be largely local in origin and effect” (Liangsiriprasert v United States). Crimes could be multifaceted and multinational, raising issues of local jurisdiction.

In the case of DPP v Sutcliffe, the stalking victim and the effect of the accused’s actions occurred in Canada, but Australian Courts had necessary jurisdiction in the matter, due to exercise of personal jurisdiction based on conduct. This case demonstrates that in the case of serious crimes, the validity of local jurisdiction may be automatically established. Personal jurisdiction may also be exercised in cases that do not offend “traditional notions of fair play and substantial justice” (International Shoe v.

Washington). However, this may not apply in Constance Anny’s case since the matter concerns a potential business infringement of a trademark. Jurisdiction was a limiting factor in Macquarie Bank Limited & Anor v Berg, because the defendant was not in Australia and had not agreed to submit to the jurisdiction of New South Wales. The US website of the defendant contained derogatory material about the Plaintiff Company, therefore the Plaintiff sought to