NSW IS DOCUMENT CONSIDERED AS A FAKE DOCUMENT IF...

Discussion in 'Criminal Law Forum' started by Vadim, 4 August 2018.

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  1. Vadim

    Vadim Well-Known Member

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    Is document considered as a fake, computer manipulated, forged if letterhead of the document issued in 2007 contains URL of the website / domain name registered in 2012?
     
  2. Rob Legat - SBPL

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    Possibly, but you would need to contend with the possibilities that the URL may have been previously registered somewhere, and that the document have been re-printed in 2012 but still relate to 2007. The latter may reduce the document's worth, but may not prove it a fake.
     
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  3. Adam1user

    Adam1user Well-Known Member

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    With electronic generated documents, they are very hard to prove authenticity, as it can be printed with MS Word for example, the best way it to obtain confirmation is from the source. As for your question, it can not prove authenticity but will give you a reason to be suspicious and to obtain confirmation from the source. This is the only way you can find out.

    That is why some organisations to proceed with their process they ask your authority so they can obtain the document directly from the source, best example when someone applies for a job, a criminal check is performed by the company, it will not accept a criminal check even if you provide it them and it is recent.
     
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  4. Vadim

    Vadim Well-Known Member

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    Thank you for your reply, Rob.

    If it is proved that domain name of the website in the 2007 invoice was registered in 2012 for the first time and then:
    1. Will it be 100% indication of deliberate document fraud?
    2. Will it be enough to get trade mark registration cancelled if this invoice was provided to IP Australia as an evidence of use?

    Thank you
    Vadim
     
  5. Vadim

    Vadim Well-Known Member

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    Also, Rob, if same registered trade mark owner provided another funny invoice to IP Australia where:
    1. Company's stamp (in foreign language) on the top of that invoice shows that invoice issued by "Manufacturer of advertising signs & boards"
    2. Handwritten note (in English language) on the bottom of invoice made by the trade mark owner or solicitor of the trade mark owner states following: " This invoice from the "Manufacturer of boots under this trade mark"
    Is this invoice provided to IP Australia as an evidence of use considered to be fraudulent or still valid and genuine?

    Thank you
    Vadim
     
  6. Rob Legat - SBPL

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    If you can find and provide a reputable point in time search showing that the domain was not registered at the relevant time (or beforehand), I'd say that would go a long way. It would likely then be up to the other party to provide further proof to support their claim - this goes to the principle that it is easier to prove something exists than to prove it does not.

    In terms of your second question, it would depend on what else they have to support their claim.

    For your second post, I suspect it may stimulate further questions, but it is not conclusive.

    I understand you're looking for a definitive answer, but you're unlikely to get it from anyone but IP Australia. Yes, what you've said makes it look dubious - but without a full understanding of all the relevant facts and circumstances there's no way to tell.
     
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  7. Vadim

    Vadim Well-Known Member

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    Thank you, Rob, for your opinion.

    We have sent same questions to IP Australia to see how far IP Australia goes with its trust to dodgy, unverifiable, self fabricated, internal documents (invoices) as an evidence of use with dates clashes, logical discrepancies, traces of removed ABNs and false statements which fail basic cross checks / cross examinations using information from trusted public resources like web.archive.org and historical snapshots from Google Maps

    Thank you
    Vadim
     
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