The Disney Trademark used by “Frying Nemo fish and chips”.
Our Trademark Attorneys assist many Australian businesses avoid infringements with detailed infringement research. Many businesses often skip this important trademark “comprehensive search” step. Unfortunately some business owners get caught like a “fish and chips shop”.
Disney’s Trademark Lawyers set their sights on an Adelaide local business who included the NEMO Trademark in their logo.
The business has since changed their name and signs to avoid legal proceedings.
It is another costly example of businesses not seeking advice from Trademark Attorneys to assess whether their proposed logo or brand infringes before they run the business.
Sometimes there is no warning or request letter sent seeking for the infringer to remove a registered trademark. The owner of the Registered Trademark has the right to sue in the Australia Federal Court for profit or damage.
Re-branding is not cheap, costing a minimum of $10,000 usually for a small business with signs, menus, business name and website. Infringements often also tarnish a businesses reputation in the community and it’s 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 after you fill out this form.