Dundas Lawyers is often asked to advise on and implement intellectual property (IP) protection structures. Whilst there are too many permutations to discuss, one common structure is depicted as follows:
Benefits of an IP protection structure
The most common benefit is to protect valuable IP against the trading risks of an existing or new trading company. In addition, depending on the nature of the IP itself, it may be possible to enter into territory specific licences that will provide revenue to an IP Holding Company to fund continued product development of a product.
The case of Lamont v Malishus & Ors (No 4) [2019] FCCA 3206 (Lamont v Malishus) involved an action for infringement of a registered trade mark in Australia under the Trade Marks Act 1995 (Cth) (TMA). This case raised several issues, including, whether using a word as part of a domain name constituted “use” as a trade mark, whether the domain name was identical or deceptively similar to the trade…
The case of International Hair Cosmetics Group Pty Ltd v International Hair Cosmetics Limited [2011] FCA 339 (Case) considered whether use of Australian registered trade marks on a British website constituted “use in Australia” under section 120 of the Trade Marks Act 1995 (Cth) (TMA). It was ultimately held that, despite use of the two (2) trade marks on a British website, where the Respondents registered trade marks in various…
On 11 March 2026, the High Court of Australia (High Court) delivered its judgment in the case of Taylor v Killer Queen, LLC [2026] HCA 5 (Taylor v Killer Queen), ending the seventeen (17) year trade mark dispute between pop star Katy Perry and Australian fashion designer Katie Jane Taylor. In a 3:2 majority decision, the High Court held that the designer’s “Katie Perry” word mark could remain on the…
The recent copyright case of Hamlan Homes Pty Ltd trading as Hamlan Homes and Geelong Homes v Levonix Homes Pty Ltd (No 3) [2025] FedCFamC2G 565 (Hamlan v Levonix)involved a dispute between Hamlan Homes Pty Ltd 006 313 015 (Hamlan) and Levonix Homes Pty Ltd ACN 168 777 384 (Levonix) that provides insight into preservation of “meta data” in civil litigation.
On 26 October 2025, the Attorney-General, Hon Michelle Rowland MP, published a media release reiterating that the current Federal Government will not introduce a text and data mining (TDM) exception to copyright infringement in the Copyright Act 1968 (Cth) (Copyright Act). The Attorney-General’s Department will instead engage in further consultations with members of the Copyright and Artificial Intelligence Reference Group (CAIRG) to consider licensing models for copyright material used in…
Further information
If you are considering an IP protection structure regardless of your stage of the business lifecycle, feel free to reach out to discuss your specific requirements:
Malcolm Burrows B.Bus.,MBA.,LL.B.,LL.M.,MQLS. Legal Practice Director T: +61 7 3221 0013 (preferred) M: +61 419 726 535 E: mburrows@dundaslawyers.com.au
Disclaimer
This article contains general commentary only. You should not rely on the commentary as legal advice. Specific legal advice should be obtained to ascertain how the law applies to your particular circumstances.
