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Not so swole – Trade marks removed for non-use
The Federal Court examined the evidence needed to prove intention to use a trade mark in good faith. Find out what happened when an application for an extension of time to file a notice of appeal was refused.
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Confusing marks – Sensis v Senses
Sensis Pty Ltd v Senses Direct Mail and Fulfillment Pty Ltd [2019] FCA 719: Court ruled SENSES marks deceptively similar to SENSIS marks, highlighting importance of engaging intellectual property lawyers when building a brand. Marks can be infringing if spelling is only slightly different, if it resembles another and likely to deceive and cause confusion.
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Domain name disputes – the case of eazyjet.com
Learn more about domain name disputes and the evidence required to establish confusion, rights, and bad faith. Internet Corporation for Assigned Names and Numbers (ICANN) and World Intellectual Property Organization (WIPO) provide legal elements and remedies, and the implications of failing to respond to a complaint.
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Is exporting a product a trade mark infringement?
The Trade Marks Act 1995 (Cth) provides protection to Australian trade mark owners, but what happens when their mark is used overseas? Learn more about the protection the Trade Marks Act provides, and the remedies for infringement, by clicking through to the full article.
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Is using a trade mark in AdWords considered infringement?
A Court concluded that a company had infringed a trade mark using Google AdWords in Veda Advantage Limited v Malouf Group Enterprises Pty Limited [2016] FCA 255. Click through to learn more about the dispute, and the learning points and takeaways.
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A guide to intellectual property
This article provides an overview of the grounds of invalidity available for revoking a patent, including lack of novelty, inventive/innovative step, usefulness, secret use, manner of manufacture, fraud, false suggestion/misrepresentation, sufficiency, fair basis, and best method.
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Government’s response to Productivity Commission’s report on intellectual property
The Australian Government is taking steps to shape the future of intellectual property rights. Find out what changes are being proposed and how they could affect you.
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Should you trade mark your business name and logo?
Registering a Word Mark and Composite Mark (Name and Logo) as a trade mark can offer the best protection for a business’ brand. Threshold requirements, scope of protection and implications of not registering both are explained.
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Baseless threats of trade mark infringement
Businesses must be aware of the legal considerations when making allegations of trade mark infringement. Learn more about the Pacific Ale Case and the two possible defences, Section 129(4) and (5) of the Trade Marks Act 1995 (Cth), to protect your brand and avoid potential legal ramifications.
Trademark infringement
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