Category Archives : Trademark Infringement

Suspect you have an IP breach? Essential strategies to enforce your IP rights in Australia

The use of “Kylie” as a trademark: Kylie Minogue V Kylie Jenner

On August 26, 2016, Posted by , In Trademark Infringement,Trademarks, With No Comments

The use of “Kylie” as a trademark: Kylie Minogue V Kylie Jenner When news broke that Kylie Minogue began opposition proceedings against Kylie Jenner’s application to trademark the name “Kylie”, it highlighted the importance of being vigilant about trademark protection. During April and November 2015 Kylie Jenner through her company Kylie…

Could you be infringing another business’s trademark?

Could you be infringing another business’s trademark? 7 things all start up and small business owners need to know about infringing another business’s trademark There’s a lot to think about when you’re a start up or small business owner. But thinking about infringing another business’s trademark probably won’t be on…

Hard Metal Protest Taylor Swift Trademark

On February 15, 2015, Posted by , In Business,Trademark Application,Trademark Infringement,Trademark Registration,Trademarks, By ,,,,, , With Comments Off on Hard Metal Protest Taylor Swift Trademark

Did you hear the news about the Taylor Swift trademark?  Country music and pop music artist Taylor Swift recently trademarked the lyrics, “This Sick Beat” among many others. However, American metal musicians Dave Tremblaie and Ben Norton demonstrated the most rock ‘n’ roll answers ever to her superior 1989 album….

Top Tips to Protect Your Business Branding

The name you’ve given your business branding is your own intellectual property (IP). This business branding name can be a business’ most precious asset. Therefore it is vital that this asset be protected on all fronts, especially when the business may be up for sale. Intellectual property comes about as…

10 Tips for Small Business

Protect Your Blog Trademark

You have set up a blog, you’ve made some posts, you’ve set up your social media profiles, and after a while you have started to get a loyal following of friends and bloggers.  That’s awesome! Then, once your hits and clicks start climbing, you realise that this could be more…

Trademarks and Domain Names

One of the most common issues with trademarks and domain names on the internet is their use on websites and in domain names. For instance, an activity known as ‘cybersquatting’ involves somebody registering a domain name which is a registered trademark of somebody else, with the intention of profiting from that…

What are Scandalous Trademarks

In light of the recent Scandalous Trademarks case in the U.S.A in which the Washington Redskins American football team have lost all of their trademarks which contained the word “redskin” or “redskins”, I thought it would be a good idea to give you some information on inappropriate or scandalous trademarks,…

Cavern Club Liverpool v Cavern Club Boston

Considering establishing your own live music venue, like the iconic Cavern Club Liverpool, in the hope of uncovering the next big thing in Australian music? Perhaps you’re already running a thriving entertainment venue that attracts the most popular new acts in the local indie music scene. At some point, the…

How to Trademark a Business Name in Australia

The following article provides a brief outline on how to trademark a business name in Australia. Most business owners are under the impression that they can protect their company’s reputation, goodwill, products, and services simply by registering their business or company name with ASIC. The only failsafe way to protect…

Trademark Infringement in Australia

To take legal action against trademark infringement in Australia, you must be able to prove that your intellectual property rights exist. Before you can take action against an someone who has committed internet trademark infringement, you need to prove that: You are the owner of the Australian trademark rights or you…

iPhone Vs Driphone Trademark

iPhone Vs Driphone – Hamilton-based Hayden Crowther has accomplished something that even the largest phone companies could not: he defeated technology giant Apple in a trademark dispute. The New Zealand inventor was sued by Apple for the use of his trademark “DRIPHONE” for his product range of waterproof phone cases. driPhone…

Responding to Adverse Reports

If your trademark application is deemed unfit for registration, you will receive adverse reports from your examiner that specifies the grounds for rejection. The three main grounds for rejection include: The trademark in question is not distinctive The trademark in question consists of a generic term The trademark in question…

WARNING – Recent Trademark Scams!

  WARNING, don’t get caught out by a trademark scam!  When you register a trademark, it becomes public knowledge.  The trademark is advertised in the Australian Official Journal of Trade Marks, as accepted, to await opposition, if any.  Because your trademark is advertised, and it becomes public knowledge, this leaves the…

Common Misconceptions with Trademarks

Trademarks May Be ‘Reserved’ for Future Usage One particularly common misconception in trademark law is that a particular mark can be ‘reserved’ to be used at a nonspecific future point. This is, in fact, incorrect. A mark is only protected under trademark law if that mark is used in commerce…

Trademark Infringement

Once you are a registered trademark owner, you have the responsibility to protect and defend your trademark against infringement or removal. Your mark is protected under Australian law against other companies using your mark without your explicit permission; neither can another party submit a confusingly similar mark for registration. However,…

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