This chapter explores the legal issues that may arise as a result of 3D printing, with a specific focus on the application of trade mark law and its ancillary protection in Australia. The normative legal questions that will be raised in the process will also be canvassed. In doing so, this chapter aims to draw attention to some of the most obvious controversies for 3D print and trade mark law, not all of which are new, as 3D print technology will likely give rise to modern manifestations of familiar trade mark controversies. As this chapter will show, there are many parallels between the foreshadowed trade mark controversies that 3D printing may give rise to and other modern ‘crises’ in intellectual property law which have emerged out of the use and application of new technologies – crises which have manifested as a power struggle between owners and users more generally.
This chapter examines the way copyright law and trademark law evolved historically to distinguish between art and advertising and the subject matter capable of protection under both systems – in order to decouple copyright and trademark doctrine. It does this by charting the evolution of advertising in the 19th century, which morphed from text-based ads and labels – to high art – to the brand name. This chapter focuses on the way the law has treated these artefacts through time, and how this treatment has framed the relationship between art and advertising. The history of advertising is directly connected to the evolution of print technologies of the time. As such, this chapter starts with an examination of the earliest forms of advertising, as facilitated by the printing press. The chapter then charts the dramatic shift in the styling of these graphical expressions as brought about by the invention of lithography. The implications for the copyright and trademark systems are then examined in the final part, and considers how the law of copyright and trademarks might become entangled again, as art and advertising become even more entwined in the modern age, especially in the current climate where the commercial sponsorship of the arts is commonplace.