Insights

Titles as trade marks

Major Hollywood studios and television networks have no equal when it comes to registering motion picture and television titles as trade marks. Continue Reading

Trade marks – the title deeds to your business™

You don’t think twice when it comes to securing title deeds to real property. But what about the title deeds to your intellectual property? Continue Reading

Registering band names as trade marks

Surprisingly few bands have registered their names as trade marks in Australia. You’d think, for example, that Pink Floydand Led Zeppelin would be registered as Australian trade marks. Continue Reading

Punitive damages for trade mark infringement

Exemplary or punitive damages are a powerful remedy. They are designed to punish the wrongdoer, act as a deterrent and discourage the victim from seeking revenge by taking the law into their own hands. Continue Reading

Parallel importation of books

Compared to the US and Europe books are expensive in Australia. Some reports say Australians pay up to 40% more than US consumers. One reason for this extra expense is Australia’s parallel import restrictions on books. These prevent cheaper foreign books being sold in Australia except in a narrow range of circumstances. Continue Reading

First in, best dressed

t’s no secret that fashion and brand labels go hand-in-hand. The leading fashion brands are all registered trade marks. But what can up-and-coming designers do to protect their label in their early years? Continue Reading

Tune into trade marks

Madonna, Sting, Paul McCartney, The Estate of Jim Morrison, Dire Straits, David Gilmour of Pink Floyd and Jennifer Lopez have all been caught up in domain name disputes. Continue Reading

Motion Marks

Trade marks that move or have motion have been around for a long time. Since 1924 MGM Studios have a motion mark at the start of their feature films showing the image of a roaring lion. It has been parodied many times including a Monty Python version with the lion replaced by a croaking frog. Continue Reading

Registering mastheads as trade marks

Successful publishing titles and mastheads should ideally be protected by trade mark registration. Without this publishers are forced to rely on the law of passing off and the consumer protection provisions of the Trade Practices Act 1974(Cth). Continue Reading