Category: Intellectual Property Law

Can I register for a .AU direct domain name?

New changes to Australian domain names bring exciting opportunities for businesses to protect their intellectual property and develop a stronger online presence. Last year, we discussed the introduction of the new .au domain licensing rules…

The importance of identifying the correct applicant in Australian trade mark applications

When preparing a trade mark application, a significant amount of attention is often given to the drafting of the specification of goods and services. Whilst the goods and service classification is important, care should also…

Is your trade mark sufficiently distinctive?

Is your trade mark descriptive or distinctive? In order to register your (or your business’s) trade mark with IP Australia (the agency responsible for administering intellectual property rights in Australia) and, in turn, to strengthen…

How can sporting organisations preserve and protect their valuable brands?

The goodwill associated with a successful sports brand can be one of the most valuable commercial assets for sporting organisations.  It is essential that appropriate steps be taken to protect those brands, and to preserve…

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…