Category: Intellectual Property Law

Company names, business names, trade marks, domain names. What are they, which do you need and how do you get them?

One question we’re often asked by clients is what is the difference between a business name, a company name and a trade mark? Another, is whether they should register a .com or .com.au domain. We’re…

A David and Goliath style ugg boot dispute

Just over five years after the California-based retail giant Deckers Outdoor Corp. (Deckers) filed a lawsuit against Sydney-based footwear company, Australian Leather Pty Ltd (Australian Leather) for trademark infringement, the U.S. Court of Appeals for…

.AU domain names must have a presence in Australia

Foreign entities looking to register Australian domain names need to be aware that the eligibility requirements have changed and the threshold is now much higher. If a foreign entity is relying on a registered Australia…

Patent Law Update – High Court Overturns 100 Years of Law

Late last year, the High Court of Australia overturned more than 100 years of precedent when it handed down its decision in Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41 (Calidad v Seiko)….

What you need to know about Intellectual Property if your business is online

Recent changes in consumer behaviour due to the COVID-19 pandemic mean that few businesses can afford to ignore the internet, and the opportunities for efficiencies and scale that it offers. Operating a business online presents…

Should you be using WIPO PROOF for your intellectual property assets?

The World Intellectual Property Organisation (WIPO) has recently introduced its new online business service WIPO PROOF, which provides businesses with a reliable way to record the existence of their digital files at a given moment…

The importance of ensuring that your marketing does not breach consumer protection legislation

In 2017 GlaxoSmithKline and Novartis were accused by the Australian Competition and Consumer Commission of misleading consumers for over 5 years. The two companies admitted that “Osteo Gel” was marketed as being more effective in…

Bega Cheese wins legal battle over peanut butter packaging

Australian food company Bega has triumphed over its US competitor Kraft, in a long-running legal battle over the right to use the distinctive peanut butter jar shape and iconic yellow lid that Australians all know…

Holy Guacamole! Did they just use my company’s brand?

US giant Taco Bell has finally secured the right to use its brand in Australia after negotiating a settlement with local Australian restaurant, Taco Bill. This settlement will bring an end to a legal battle…

How important are trade marks to your business?

Have you considered how important your trade marks are to your business? Registering your trade marks has many benefits, from protecting your brand, making it easier to deal with infringing goods and services, and adding…

Is your business or industry impacted by parallel imports?

The laws around parallel imports are currently before Parliament for consideration and are likely to change. What is a parallel import? A parallel import is a genuine branded product (not a counterfeit), which has been…

The ACCC is watching!

The ACCC is watching! Do you know your obligations in respect of food labelling? Businesses which import or produce packaged foods and then retail or wholesale those foods into the Australian market must comply with…