The vast amount of content shared on social media has increased the need for both brand owners and third parties to consider their rights and obligations. A business’s name, logo, tagline or website domain name are often its most important and valuable assets.  Now more than...

  The United Kingdom (UK) officially left the European Union (EU) on 31 January 2020 and then entered into a transition period. Owners of European trade marks and/or designs are reminded that the end of the Brexit transition period is fast approaching.   From 1 January 2021 any...

Ceramiche Caesar S.p.A. V Caesarstone Ltd [2020] FCAFC 124 (28 July 2020) What happened in the first instance? Ceramiche is a tile manufacturer based in Italy. Their “CAESAR” trade mark has been used in Australia since 1988 and was registered in Australia since 2004 for “ceramic tiles...

McDonald's claims rival Hungry Jack's has infringed its "Big Mac" trade mark with their newest burger “Big Jack”. Fast food giants McDonald’s and Hungry Jack’s are going head to head after McDonald’s Asia Pacific launched Federal Court proceedings against Hungry Jack’s on August 28. The fast food standoff began when...

A London Court recently dismissed an appeal by Jaguar Land Rover Limited (JLR) relating to trade mark rights for the shape of its Defender SUV. [caption id="attachment_24947" align="alignright" width="343"] Land Rover Defender 90, 1997 model. Photo source: https://www.motoringresearch.com/[/caption] What Happened JLR (owned by Tata Motors) applied to register...

Different countries have different rules when it comes to recognition of trade mark rights. In today’s global marketplace, you may plan to sell your products in various countries or even manufacture them overseas. This is why it is important to protect your brand in the countries...

Brands are creatively catering to the growing vegetarian trend. Research conducted by Roy Morgan has found that 2.5 million people (12.1% of the population) in Australia are now eating all or almost all vegetarian. Award-winning chef Alejandro Cancino (who happens to follow a vegan lifestyle) has created 4 tasty, high-quality meat-free...

Photo: https://www.instagram.com/corkandchromabrisbane/ Cork & Chroma is Queensland’s first paint and sip studio, with their flagship creative space launched in Brisbane in 2013. The business runs regular painting sessions for adults of all skill levels, where attendees are guided step-by-step by an artist to create their own...

What is a trade mark opposition? Trade Mark Oppositions are not court proceedings, but are dispute proceedings conducted by the Trade Marks Office (IP Australia).  There are several evidentiary stages whereby each party is able to support their case by submitting written evidence.Many oppositions...

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