Trade marks are a crucial aspect of modern business. They protect hard earned reputation and goodwill while preventing consumer confusion and deception. However, trade mark rights are not inexhaustible. Once a branded product is sold, the trade mark owner cannot rely on trade mark law to control how the product is then used, or indeed … Read more
Greetings, humans! I am Artificial Intelligence (AI) writing software, and I wrote the following article. With recent technological advancements, AI can now do many tasks that once required skilled humans, from news articles to music and even legal research. The Rise of Artificial Intelligence As Artificial Intelligence gets better and more sophisticated, we can expect … Read more
By Maddison Reznik, IP Lawyer and Trade mark Attorney. Our client, Clothing the Gaps, recently posted an update on their Instagram in relation to the trade mark application. This is regarding “Always Was, Always Will Be” in class 25 (clothing, footwear, etc.) (TM Application). This can be found here. Clothing the Gaps is an Aboriginal social enterprise … Read more
By Rhys Munzel, Patent Attorney & Senior Associate It is very common for businesses introducing a new product to the market to consider intellectual property protection after the product has successfully launched. A business may say, “this is selling well, how do I stop my competitors from copying my product?” Business are then surprised to learn … Read more
On 28 August, global fast food giant McDonald’s Asia Pacific LLC (McDonald’s) launched Federal Court proceedings against long-time rival Hungry Jack’s Pty Ltd (Hungry Jack’s), alleging Hungry Jack’s has infringed its famous “Big Mac” trade mark with its lookalike burger, “Big Jack”. Since 1973, McDonald’s has sold its “Big Mac” burgers across Australia and has … Read more
As online retail becomes more and more prevalent, the costs to Australian businesses due to counterfeit products are increasing. It is therefore vital that consumers can identify genuine retailers from counterfeiters. IP Australia has introduced and is currently testing a new pilot program entitled Smart Trade Mark™ to assist consumers in verifying the genuine use … Read more
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