Trade Mark
Enforcement
When handling trademark enforcement matters, Shire Legal has experience assisting both trademark holders and those accused of infringing trademarks. For trademark holders, if you believe that a business is using your intellectual property, you can take action to enforce your rights with Shire Legal’s intellectual property lawyers. If you are the owner of a registered trademark - we can assist you with:
- Preparing and sending a cease and desist letter to the trademark infringer
- Liaising with the other party
- Engaging in negotiation
If you are accused of infringing a registered trademark (or if there are allegations of passing off) - we can assist you with:
- Reviewing documentation and obtaining a detailed investigation of the claims
- Preparing and sending a letter in response to the other party regarding the allegations raised.
Shire Legal has assisted its clients in a range of trademark matters, such as:
- serving a cease and desist letter on a client's former employee who had set up a competitive business using a similar name
- serving a cease and desist letter on a client's competitor who was using our client's brand and product names in its Google Adwords
- responding to a cease and desist letter on behalf of a client who sold imported products with a similar shape to the other party's product which was protected by a registered trademark
- negotiating a Coexistence Agreement between our client and a registered trademark owner, to enable our client to continue in its operations without having to change its name, which was similar to the registered trademark name
In-N-Out Burger restaurant wins against Sydney burger chain in Federal Court (March 2020)
Selling your business - when to get advice and what information to provide (January 2020)
Can a bikini style infringe a trade mark? (October 2019)
When the same slogan is used by different businesses (October 2019)
Was the kiss in the contract? (January 2019)