Trade marks

Trade Mark Infringement

 

At the first sign of trade mark infringement, it is important to evaluate the situation at hand and have a plan to intercept and prevent damage to your brand and its associated goodwill.

Trade Mark Infringement is a significant issue for brand owners in all industries but particularly industries with low barriers to entry or where imports are involved.

Examples of infringing conduct:

  1. Importing a product affixed with a registered trade mark that was not manufactured with the authority of the Australian or overseas rights holder;For example, a counterfeit Louis Vuitton handbag
  2. Using deceptively similar words or imagery as a brand in attempts to portray a connection between one product and another without authority.For example, a coffee shop commences business under the name Gloria Jones’ Coffee and uses a similar device-styled logo to that of Gloria Jeans’ Coffee. 
  3. Selling and distributing fake products through a websiteFor example distributing fake watches under a brand name

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