All publications relating to ‘IP & Technology’
Trade mark protection against parallel importers
When an overseas manufacturer exports to Australia, it may choose to set up a distributor in Australia under an exclusive distribution agreement. Unfortunately for the exclusive Australian distributor, unauthorised parties may source and sell in Australia genuine products which may have been originally manufactured and trade marked by the overseas manufacturer…
Halo, it’s Rumi and Sir Carter — Beyonce’s babies set to run the world
What more could a famous celebrity with an impressive fortune want – a trade mark registration for their newborn children! Welcome to the world US Trade Mark Application Numbers 87506186 and 87506188 (that’s Rumi and Sir Carter to you and me). On 26 June, fans reportedly uncovered the names of Beyonce’s baby twins…
Make your mark in China
Protecting your trade mark in China Australian businesses are increasingly recognising the growing importance of China both as a market for their goods and services and as a source of manufactured products. The protection of trade marks in China should be of critical importance for such businesses. Recent public discussion highlights how well-known…
Are you entitled to trade under your own name?
You sometimes hear people say that they have a fundamental right to trade under their own personal name. There is some truth in this belief but there are important restrictions to such an alleged right. There is a qualified common law defence of “use of one’s own name” against an action for passing…
Former directors need to watch their step
Introduction It is not unusual for former directors of companies to set up in competition against their original companies. When they do so, they need to watch their step. Former directors may find themselves in a potential minefield with legal mines at every turn. A salutary lesson for former directors involved the…
The Strategic Marketing of Innovation
In Brief Innovation should be the key element in your business strategy. However, innovation only has commercial value when it satisfies the needs of your target markets By satisfying your customer’s needs in a unique way, innovation provides not only increased revenue but also justifies higher margins which can be the…
Who owns your Intellectual Property?
In Brief Intellectual Property (“IP”) may appear to be intangible but it could be the most valuable asset your business possesses. It is therefore vital to determine who actually owns your IP. The ownership of company names and business names is often a subject of confusion. The fact that you have registered…
AdWords: Paragons or Parasites?
Summary A recent Federal Court case has affirmed the position in Australia that the use of AdWords generally does not constitute trade mark infringement because it does not represent trade mark use. AdWords “AdWords” are marketed by Google and they can be very frustrating to the owners of well-known brands. AdWords…
An IP Health Check could save the life of your business
The heart of your business may well be its intellectual property (“IP”). IP is simply the legal property in the innovation in your business and it is that innovation which drives your revenue and profit growth. Your IP needs a regular health check. It should be identified and protected so that the…
Trade mark quality control sorts the geese from the turkeys
In Brief The recent decision of the Full Federal Court in Lodestar Anstalt v Campari America LLC [2016] FCAFC 92 means that it is now not enough to simply have the existence of quality control provisions in a trade mark licence. The licensor has an additional obligation to actively monitor the performance…