Blog

The tale of two women, two teenage dreams and one name - Katy Perry vs Katie Perry business federal court intellectual property trade marks May 03, 2023

As stated by Justice Markovic in his opening paragraph of the 21 April 2023 judgment:

"This is a tale of two women, two teenage dreams and one name."

Katie Taylor (nee Perry) - the Australian fashion designer

  • a fashion designer
  • designed and sold clothes under the name "Katie Perry" since...
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In-N-Out Burger restaurant wins against Sydney burger chain in Federal Court federal court intellectual property misleading and deceptive conduct passing off trade marks Mar 03, 2020

With the emergence of several notable burger restaurants in Sydney and surrounds in the last decade, it has become important for fast food businesses to brand themselves in a way that makes them stand out, or to offer services which differentiate them from the other burger restaurants that have...

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Selling your business - when to get advice and what information to provide? business business name business sale intellectual property Jan 15, 2020

If you are planning on selling your business, and are being assisted by a solicitor, you will inevitably be asked for business documentation and history.

We regularly meet our clients once they have already accepted an offer on the business and are needing their contract prepared. More often than...

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Gift or Loan - lending money to relatives caveat estate planning estates gift intellectual property loan agreements property Dec 05, 2019

If you intend to provide monies to relatives, friends or related parties – such that the loan is not an arms’ length transaction, it is important to consider what ramifications that may have on your estate or may cause if you later seek to have that loan repaid.

There is a risk when...

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Can a bikini style name infringe a Trade Mark? business intellectual property trade marks Oct 18, 2019

Can a bikini-style name infringe a trademark? This is an issue which the Federal Court of Australia addressed in a 2019 decision involving Pinnacle Runway.

The parties

  • Pinnacle Runway Pty Ltd (“Pinnacle”) designs, manufactures, supplies and sells women’s clothing in Australia...
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When the same slogan is used by different businesses business intellectual property supreme court trade marks Oct 03, 2019

The Supreme Court has struck out a claim made by Ms Annika Karlsson in which she alleged that Griffith University had breached her trademark registration of the slogan “Know more. Do more.” The Court’s decision can be read here.

Registering the trademark – by both...

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Was the kiss in the contract? business contract law intellectual property Jan 16, 2019

You may recall reading a few years ago about the wedding photographer who was sued by the bride and groom because, amongst other things, he missed photographing the all important first kiss.

Whilst the photographer’s fee for the day was $2,700, the disappointed bride and groom refused to...

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Be careful when you use the word ANZAC business intellectual property trade marks Apr 24, 2018

On this eve of Anzac Day, we thought it was appropriate to look at the word ANZAC and the legal implications of using the word when naming a product, event or even your boat.

A quick history lesson

We all get taught about the importance and history of the Anzac landing on the shores of Gallipoli...

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Waltzing Matilda - a trademark? business intellectual property ip australia trade marks Apr 06, 2016

The media last year picked up on the fact that a Victorian company had applied to IP Australia for a trademark over the phrase “Waltzing Matilda” for goods and services relating to online material, videos, CDs etc.  It was reported that as a result, the town of...

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Registered a business name? Trade mark it! business name intellectual property trade marks Nov 04, 2015

Your right to use a particular business or product name typically requires an assessment of what business or product names your competitors are already using in the market for your particular product or service.  Similar names in the same market could create confusion or mislead/deceive...

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