When filing a trade mark application, protection is not automatic. The application is “examined” to see if the mark is registrable. There are various reasons
I have blogged about what to do if you receive a cease and desist letter (also called a “letter of demand”) here. But what if
Penalties for making false or misleading statements about goods and services are now very substantial. Since 28 March 2026 maximum penalties have doubled from $50
The recent case of Australian Competition and Consumer Commission v Emma Sleep GmbH (Penalty) shows how not to promote price discounts (and how not to
This blog is one of a series I am publishing about defences to infringement of another’s intellectual property. I have blogged about descriptive use of
This blog is one of a series about defences to infringing another person’s intellectual property. I have already blogged about cease and desist letters –
The answer is no, although commercial use often infringes a registered trade mark, so a business needs to be careful to avoid trade mark infringement.
What is a “cease and desist” letter? A “cease and desist” letter (also called a “letter of demand”) is a letter, usually although not always,
Trade mark registration provides an important benefit to trade mark owners. It gives the owner the right to take action against another business using a
Last year I blogged about the necessity for conducting thorough trade mark searches before adopting a new trade mark or business name https://ipbymargaret.com.au/searches-a-must-before-adopting-a-new-trade-mark/. There has
Comparative advertising is a form of advertising where a supplier compares its product favourably against the product of a competitor. It is not that common
It is quite common today for businesses to abbreviate their name to its initial letters. The Trade Marks Office is willing to register combinations of
Summary Binding legal agreements can be solely verbal or a combination of conversations and writing, such as emails. But, if the parties disagree on the
What you need to do In the excitement of starting a new business, or launching a new product, you may overlook one important step –
In 2021 the Federal Court found that Employsure, in its Google ads, misrepresented that it had associations with various Government agencies. I reported on this
It depends on what you mean by “own” – but if you mean that you have exclusive rights to the name and can prevent competitors
Nowadays a business could not operate without software – accounting, CRM, project management, communications software etc. But what happens if the business is to be
Is it a good idea to use someone else’s name as a Google keyword and Google headline? The Full Court of the Federal Court has
AGL v GreenpeaceAGL, an Australian energy company, used the logo: AGL claimed ownership of the copyright in this logo as well as having registered the
Fearless Girl is the name of a bronze statue of a strong and confident girl created by Kristen Visbal and installed in New York City
Suppliers outside New South Wales New South Wales has introduced a new law that requires suppliers, before they supply goods or services, to take reasonable
This question was answered “no” in the case of Lumen Australia Pty Ltd v Frontline Australasia Pty Ltd [2018] FCA 1807but the answer may be
Having practised for 30 years, I know that there are certain misconceptions about drafting commercial agreements: All that a lawyer does to produce an agreement
Since the start of the COVID-19 pandemic many companies have been making hand sanitiser. But issues have arisen about their effectiveness, alcohol content and the
Penalties for making false or misleading statements about goods and services can be substantial. Maximum penalties have dramatically increased from $1.1 million for companies to
Businesses often choose a trade mark that exactly describes their business or product eg Smith & Co Plumbing, being the plumbing business run by Mr
Intellectual property ownership Intellectual property is designed to provide a business with a commercial advantage. It builds a wall of exclusivity around a product so
The Full Court of the Federal Court has rejected the appeal by the Australian Competition and Consumer Commission (“ACCC”) in its unsuccessful case against Kimberly-Clark
Some people seem to think that no laws apply to the Internet – or that anything that appears on the Internet is free to be
Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662 (10 October 2019) is a curious case in more ways than one. I have previously
FactsThe case of Pinnacle Runway Pty Ltd v Triangl Limited [2019] FCA 1662 (10 October 2019) considered whether Pinnacle’s trade mark DELPHINE, which was registered
If your business commissions a graphic artist to create a logo and brand collateral for the business, who owns the copyright in the artwork? Have
The Full Court of the Federal Court has overturned a finding that a trade mark owner did not control the use by its parent company
Do you say eg “All repairs are guaranteed for 12 months”? If so, are you ready for the change in the law that starts
Businesses often choose a trade mark that exactly describes their business or product eg Smith & Co Plumbing, being the plumbing business run by Mr