The High Court in Zip Co Limited v Firstmac Limited [2026] HCA 16 recently clarified when you can (and can't) rely on the defence of honest concurrent use for would be infringers of registered trade marks. We discuss what happened in the case, what the court held, and give you practical lessons/tips for your protecting your brand. 

Can a competitor lawfully copy your product design if your IP rights have expired? The recent Federal Court decision in Bodum AG v H.A.G. Import Corpn (Australia) Pty Ltd [2026] FCA 238 analysed this question –  here’s what you need to know.

On 11 March 2026, the High Court of Australia handed down its highly anticipated decision in Taylor v Killer Queen LLC [2026] HCA 5, allowing the appeal of Australian fashion designer Katie Jane Taylor and preserving her registered trade mark "KATIE PERRY" for clothing following an application to cancel the mark by world-famous pop superstar Katy Perry.

“This case is an unfortunate one in the sense that two enterprising women in different countries each adopted their name as a trade mark at a time that each was unaware of the existence of the other.”

Receiving a letter of demand alleging copyright infringement can be daunting. However, allegations of infringement should not be ignored, so as not to be exposed to significant additional damages. A recent decision from the Federal Court highlights the importance of acknowledging such demands.