Sydney IP Lawyers Update : IPSANZ Conference

17th June 2018 - Sam Gilbert

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 […]

Cryptocurrencies and Trade Mark Infringement

29th May 2018 - Sam Gilbert

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 […]

The Impact of Brexit on EU Trade Marks

18th May 2018 - Sam Gilbert

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 […]

Protecting Your Brand – Adidas and Reebok Take Legal Action

15th April 2018 - Sam Gilbert

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 […]

How to File a Trade Mark for My Name

3rd March 2018 - Jaclyn-Mae Floro

A trade mark is generally a word, phrase, slogan, symbol or design or a combination thereof that identifies the source of the goods and services of the trade mark owner, distinguishing them from the goods and services of another brand owner. A trade mark lets others know that the goods and services come only from […]

Substantially Identical and Deceptively Similar Trade Marks

27th January 2018 - Lara Alexandra

Your trade mark application can be refused on the basis of prior registrations for the same or similar goods or services. Prior registrations may act as a barrier to registration of your trade mark because the earlier mark is the same or similar to your mark. The Trade Marks Act 1995 (Cth) provides that a […]

Trade Mark Power in a Name – The “Alice Principle”

9th December 2017 - Lara Alexandra

We often associate legal terms like ‘intellectual property’ and ‘trade mark’ with the protection of names for businesses, but what most people don’t realize is that, our name represents a “brand” and sometimes even a legend, like “Alice in Wonderland”. The protection of our own image and the use of our name in association with […]

How to become a Trade Mark Attorney in Australia?

6th November 2017 - Lara Alexandra

You have brains in your head, and feet in your shoes, you can steer yourself in any direction you choose. – Dr. Seuss So, what does it take? A trade mark attorney provides representation and legal advice to clients who wish to have their brand name protected legally and register a trade mark protected at […]

What’s The Difference between a Word and a Logo Trade Mark?

20th September 2017 - Lara Alexandra

Word Trade Mark Before you apply for a trade mark, there are many issues you need to consider including whether the trade mark is available. You may be wondering whether someone has already registered the same or similar trade mark, or whether the trade mark itself is registrable. Whatever it may be, you are already […]

Protecting an Unregistered Trade Mark and Passing Off

2nd September 2017 - Jaclyn-Mae Floro

Trade marks need not be registered in Australia. Trade mark rights can be established either by use or by registration. At common law, a person who uses a trade mark first may acquire ownership in it because of the goodwill or reputation attached to it. At common law, therefore, a person who uses a trade […]