E-Law, Jurisdictions, Contracts Essay Example | Topics and Well Written Essays - 3000 words

E-Law, Jurisdictions, Contracts - Essay ExampleWhile the question of an infringing trademark may be easily established in this fountain since the parole so closely resemble each other, it is a more difficult matter to establish the legal power of Australian courts to deal with the legal issues of an infringing trademark. While detail jurisdiction may non apply in this case, it is possible that general jurisdiction may apply if Athertons 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 authorise 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 fleshly geography. (Gibson 1984) and crime has ceased to be largely local in origin and effect (Liangsiriprasert v United States). Crimes could be multifaceted an d multinational, raising issues of local jurisdiction. In the case of DPP v Sutcliffe, the stalking victim and the effect of the accuseds actions occurred in Canada, but Australian Courts had necessary jurisdiction in the matter, due to exercise of ad hominem 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 Annys 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 uncomplimentary material about the Plaintiff Company, therefore the Plaintiff sought to