There is considerable concern in U.S. trademark scholarship that privileging the “likelihood of consumer confusion” test has expanded trademark owners’ monopoly rights beyond traditional limits. An unfortunate consequence of this expansion is said to be a chilling effec t on useful and...

The Australia-US Free Trade Agreement (AUSFTA) required extensive changes to Australian copyright law. This paper assesses the impact of these changes one decade on. It considers, first, whether the costs and/or benefits predicted in 2004 have eventuated, finding clear evidence that AUSFTA has...