Refrying Nemo

Does the FRYING NEMO infringe Disney’s NEMO trademark?

Disney’s Trademark Lawyers set their sights on the FRYING NEMO business because they used NEMO in their business name.

The FRYING NEMO fish and chips shop sought their own legal advice and embarked on defending.

However, later they decided to choose another name for their fish and chips shop. 

FRYING NEMO incurred rebranding costs of at least $10,000, including for new name signage.

There were further expenses for FRYING NEMO’s legal defence costs. So, not a cheap legal exercise.

Trademark Attorney Searching

Our Trademark Attorneys assist many Australian businesses avoid infringements with detailed infringement research before they launch or invest in a new brand or company name.

Unfortunately, many businesses often skip this important trademark “comprehensive search” step and get caught like this local “fish and chips shop” did.

Due diligence is the key to success in business.

The details

It is another costly example of businesses not seeking advice from Trademark Attorneys to assess whether their proposed logo or brand infringes before they commence trading.

In the worst scenario, the trademark owner does not have to send a warning or request letter. The owner of the Registered Trademark can proceed directly without a “cease and desist” letter and sue an infringer in the Australia Federal Court, for either profit or damages.

Re-branding Nemo is not cheap, costing a minimum of $30-100,000 for an average business with car wraps, shop signage, menus, business name, and website. also, infringements often tarnish a business’s reputation in the community and its customers.

It is not the role of your graphic designer to advise on whether you can use their copyright commercially as a trademark. You should seek representation and hire a Trademark Lawyer or Trademark Attorney to ensure your business journey is safe. Take a look at our useful guide on how to trademark a logo here.

If you’re concerned about your Business Name or logo, our Trademark Attorneys can conduct trademark infringement research for you.

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