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Recent Posts

25 Sep

A Graphic Designer asked for help with a new brand created for their latest client. They feared it was too close to another client's which they registered as a trademark a decade earlier.

 

The Graphic Designer searched the IP Australia website (Australian Trademark Register), but was baffled that they could not find their other client's registration from 10 years ago.

 

Instead of risking her client's business, and her own business (she has no Intellectual Property insurance), she turned to our firm for assistance.

 

Our attorneys eliminated Court action being taken against her client in the following way:

11 Apr

Get in first for a facebook website name which includes your trademark.

 

FOR EXAMPLE: www.facebook.com/YOURTRADEMARK

11 Apr

A RIVAL COULD ADVERTISE USING YOUR TRADEMARK:

When someone Google searches for your business contact information, other businesses may be showing up.

Is a rival business GOOGLE advertising with your trademark?

This can seriously impact your sales.

So how do you stop this from happening to your business or company?

11 Apr

The Australian Government has accepted recommendations by the Australian Council of Intellectual Property (ACIP) to amend the Patents Act 1990 (Cth) so that experimental use is an exception to patent infringement in certain circumstances.

The amendments are intended to provide clarity to researchers and prevent years of Court cases to resolve this long-standing issue, without unduly affecting patent rights (to still encourage investment in the pharmaceutical and other areas).

11 Apr

G-STAR SUES (16 August 2010)

Be careful that your trademark searches are thorough and that you do not infringe a registered trademark! Have your trademark attorney evaluate everything, even if there is only a slight resemblance to a competitor's trademark.

Even a small business owner at a market stall can get caught and taken to the Federal Magistrates Court.

11 Apr

BRCA1 and BRCA2 are two important genes utilized in testing for predisposition to breast and ovarian cancer. They have been patented in Australia, USA and elsewhere.

There has been concern amongst researchers and clinicians that these patents are hampering medical research, and that the patents have also resulted in exorbitantly high costs for diagnostic testing.

11 Apr

In 2010, a cherry grower was made to pay more than $710,000 in damages, and had their cherry trees removed, after being found to infringe intellectual property (IP) rights of an existing cherry tree business. As if that wasn't bad enough, they also had to pay a substantial proportion of the other side’s lawyer fees..

11 Apr

Company XYZ traded for 10 years in Queensland without registering a trademark to protect their business name and website. They sold software and hardware products online.

23 Apr

Company Y chose a name for their business, and engaged a graphic designer to spend $5,000 on developing logos and brochures. Once the work was complete, Company Y’s director registered the company (at a cost of $1500) through ASIC to start the business. The director had heard of trademarks, but wasn’t sure of how relevant they were.

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