Ownership, Prior Use, and the Purity of the Register
Many business owners operate under the assumption that securing a registration certificate from IP Australia provides absolute protection and indisputable title to a brand name.…
Navigating Māori Trade Marks in New Zealand
When seeking to register a trade mark in New Zealand, applicants must be aware of specific legislative provisions designed to protect the cultural integrity of Māori, the…
Brand Ownership and Reputation: The Federal Court’s Decision
What happens when a new brand is created within a complex family of companies, especially when that brand uses a word associated with a global giant? And precisely how far does…
Trade Mark, Celebrity Branding, and the Battle of Similar Names
Names can be among the most personal and powerful assets a business possesses. In worlds where branding often begins with identity itself, a name does not merely label a product,…
Navigating Trade Mark and Consumer Law Boundaries in Australia
Two fast-food giants, McDonald’s and Hungry Jack’s, faced off in a dispute that tested the boundaries of trade mark law and consumer protection. The Federal Court’s decision in…
Misleading Conduct and Passing off under Trade Mark law
What happens when two businesses with nearly identical names, operating in different countries, clash over brand identity and online reputation? The Federal Court’s decision in…
When Is Revocation Reasonable? Lessons from recent judgment
The Registrar has the discretionary power to revoke a registration within twelve months of its entry on the Register. The Federal Court’s decision in National Cancer Foundation…
Self Care v Allergan: Insights on Trade Mark Use and Reputation
The High Court’s decision in Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8 is a tightly reasoned clarification of three related areas that matter to…
