Trade Marks

What Is Trade Mark Infringement?

What is a trade mark? A trade mark is a mark used to identify a trader’s unique goods or services. Essentially, a trade mark is a brand which allows consumers to differentiate between your goods and services and those of another person. The Trade Marks Act 1995 (Cth) (‘Trade Marks Act’) sections 6 and 17 […]

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Understand The Difference – Trade Mark and Business Name

Many people believe that registering a business name will give them legal protection to exclusively use that name and prevent other people from using it. However, a trade mark and a business name serve quite different purposes. A business name is used to identify your business so as to show people that you are operating […]

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Betting on the Mark: Sportsbet vs CrownBet

Online-betting giants Crownbet and Sportsbet are going toe-toe over a dispute arising out of Crownbet’s attempt to rebrand as Sportingbet. Crownbet who is a subsidiary of the Canadian gaming giant The Stars Group, obtained the brand Sportingbet as part of its acquisition of UK based William Hill Australia earlier this year. William Hill had used […]

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Funny Intellectual Property Quotes

Importance of Intellectual Property Rights It’s amazing how something I told you 3 days ago becomes the great idea you had this morning. Maybe you’re a creator with a new invention, someone with a name or brand to protect or even a person who’s thought outside of the box and discovered a better way to […]

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Certification Trade Mark Allegations over ‘Fake’ Scotch Whisky

A Major liquor group – D’Aquino Bros Pty Ltd – is facing charges made against them in the Federal Court by Scotch Whisky Association (SWA) for selling ‘fake’ scotch whisky. The charges have been made against D’Aquino Bros Pty Ltd and seven other parties, including well-known liquor merchant Mr Liquor. SWA are seeking damages in […]

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Trade Mark Infringement: “TACO Tuesday” OR “TACO SUES’DAY”?

A popular pub in Melbourne’s Footscray has received a cease and desist letter from the popular Mexican chain franchise “Salsas Fresh Mex”. The letter alleges that the pub “The Reverence Hotel” is infringing the intellectual property rights of Salsas as the owners of the trade mark “Taco Tuesday”, and demands that The Reverence immediately stop […]

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Sydney IP Lawyers Update : IPSANZ Conference

W3IP Law attended the IPSANZ conference in Sydney hosted by Gilbert +Tobin Lawyers, and presented by Clive Elliot QC. The conference provided an update on Australian and New Zealand IP law and recent developments. Clive addressed some new and exciting case law and areas of IP reform in both NZ and Australia. This article will […]

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Cryptocurrencies and Trade Mark Infringement

In recent news, UAE based ‘crypto’ company “Alibabacoin Foundation” are being sued by Chinese e-commerce giant Alibaba Group Holding. The proceedings allege that the UAE company are “intentionally misleading” consumers as to the false connection between the two companies. Alibaba is seeking damages for violation of its intellectual property rights and an injunction restraining the […]

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The Impact of Brexit on EU Trade Marks

What will be the fate of EU trade marks after the United Kingdom departs from the European Union? The UK is set to leave the EU on the 29 March 2019. This means that any intellectual property (IP) registered in the EU, will no longer have any legal effect in the UK after the departure […]

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Protecting Your Brand – Adidas and Reebok Take Legal Action

Adidas and Reebok have together taken legal action against 53 e-commerce sites for trade mark infringement, counterfeiting and unfair competition. The well-known sporting giants have alleged that the e-commerce sites have been “promoting, selling, offering for sale, and distributing goods bearing counterfeits” and imitations of the popular brands goods. Subsequently, the sporting giants have filed […]

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