Trade Mark Owners Take Note: First to File v First to Use

With the prevalence of the internet and social media, growing your brand and your business and connecting with markets overseas has never been easier.  In navigating this era of globalisation, it is important that business owners trading under valuable brand names or using other types of trade marks in the operation [...]

2019-06-03T14:56:17+10:00June 3rd, 2019|Categories: Intellectual Property|Tags: |

Advertisers Beware – Social Media Influencers paid to promote products must disclose the commercial nature of their posts

The rise and prevalence of advertising via influencers on social media sites has experienced rapid growth.  In recent times however, the lack of disclosure by certain influencers of their commercial relationship with the brand owners of the brands which they advertise to followers has been brought to the forefront and received [...]

2019-05-14T12:14:30+10:00May 14th, 2019|Categories: Intellectual Property|Tags: , , |

™ And ® – The Art of Using a Trade Mark Symbol

A trade mark is a way of branding and identifying a product or service, and distinguishing those products or services from competitors.  Over time, the concept of what is considered to be a trade mark has expanded and can include a logo, word, colour, sound, smell, phrase, shape, picture, movement, number, [...]

2019-05-10T15:12:08+10:00May 10th, 2019|Categories: Intellectual Property|Tags: , |

Protection of your Trade Mark internationally under the Madrid Protocol

One of the ways in which trade mark owners in Australia may apply for registration of their trade mark internationally is via a treaty known as the Madrid Protocol. A person who has registered or applied for a trade mark in a country party to the Madrid Protocol (such as Australia), [...]

2018-08-24T17:12:26+10:00September 25th, 2017|Categories: Intellectual Property|Tags: , |

Protecting your Brand at the Border

As an intellectual property rights owner of, it is important that you are vigilant about protecting your intellectual property from infringement and maintaining the reputation and value of your brand and/or products.  Counterfeit products which are imported in Australia can impact on and undermine the growth of a brand and its [...]

2018-08-24T17:16:22+10:00August 3rd, 2017|Categories: Intellectual Property|Tags: , , |

Advertisers Beware – Social Media Influencers paid to promote products must disclose the commercial nature of their posts

On 1 March 2017, a new provision was introduced into the Australian Association of National Advertisers’ (AANA) Code of Ethics (Code). The new provision stipulates that ‘Advertising or Marketing Communications must be clearly distinguishable as such to the relevant audience’. This is set to have a considerable effect on celebrities [...]

2018-09-11T16:46:58+10:00May 9th, 2017|Categories: Intellectual Property|Tags: , |

When is unauthorised use of a trade mark not an infringement of the trade mark owner’s rights?

The owner of a registered trade mark has an exclusive right to use that trademark. But what happens when you use a trade mark without the permission of the trade mark owner? The Trade Marks Act provides protection to users of a trade mark in limited circumstances where their use [...]

2018-09-18T16:13:02+10:00April 21st, 2017|Categories: Intellectual Property|Tags: , |

Copyright Held to be ‘Precious’

Copyright owners will welcome the recent decision of the Federal Court in Tolkien Estate Limited v Saltalamacchia [2016] FCA 944, where the estate of famous author J. R. R. Tolkien was awarded a smorgasbord of remedies for infringement of its copyright. Copyright generally Copyright is a statutory right under the Copyright Act 1968 (Cth) (‘the [...]

2018-08-08T16:59:43+10:00December 12th, 2016|Categories: Intellectual Property|

Chemist Warehouse’s Claim For Misleading and Deceptive Conduct Dismissed

The recent decision in Verrocchi v Direct Chemist Outlet Pty Ltd [2016] FCAFC 104 by the Full Bench of the Federal Court of Australia (‘the FCA’) has clarified the protection afforded to the reputation of goods and services in circumstances where misleading or deceptive conduct is claimed to have arisen. Background Chemist Warehouse is a [...]

2018-08-08T16:59:59+10:00December 1st, 2016|Categories: Intellectual Property|