Michelle Dowdle

A Burger with the Lot – ‘Big Jack’ is not deceptively similar to ‘Big Mac’

A Burger with the Lot – ‘Big Jack’ is not deceptively similar to ‘Big Mac’

On Thursday 16 November 2023, the Federal Court handed down the decision McD Asia Pacific LLC v Hungry Jack’s Pty Ltd [2023] FCA 1412 (McD) where it was held the trade mark ‘BIG JACK’ and ‘MEGA JACK’ were not deceptively similar to McDonald’s registered trade marks ‘BIG MAC’ and ‘MEGA MAC’.

Secure IP Rights overseas and obtain financial assistance with Australia’s EMDG grant scheme

Secure IP Rights overseas and obtain financial assistance with Australia’s EMDG grant scheme

Are you considering taking your products and services global?

Australia’s Export Market Development Grant Scheme (EMDG) is a government financial assistance program that assists small and medium enterprises to start or expand their export business.

Sladen Snippet - Launch date for the .au namespace!

Sladen Snippet - Launch date for the .au namespace!

Every destination on the Internet – whether it be a news site, blog, online store or business portal – has a unique address, and that address falls under a domain name.

Faster Tax Write Offs For Intangible Depreciating Assets – Should You Self Assess?

Faster Tax Write Offs For Intangible Depreciating Assets – Should You Self Assess?

After 30 June each year taxpayer’s minds often turn to which expenses incurred during the year can be deducted. For taxpayers who have invested in intangible depreciating assets, announcements made as part of the Federal Budget announcements in May 2021 may come to mind.

Sladen Snippet - Free streamlined extensions of time available at IP Australia

Sladen Snippet - Free streamlined extensions of time available at IP Australia

IP Australia is providing applicants with an opportunity to file a free streamlined extension of time of up to three months due to the COVID-19 disruptions.

Software Developers And Advertising Services Are High Performing Copyright Industries

Software Developers And Advertising Services Are High Performing Copyright Industries

A new report on the economic contribution of Australia’s copyright industries identifies software developers and advertising services as high performing copyright industries.

Five frequently asked questions about copyright for authors and publishers

Five frequently asked questions about copyright for authors and publishers

Whether you are a creative about to enter into a book deal or an editor looking to commission, acquire or licence an existing literary work for publication, an understanding of copyright is essential.

Can I use that? Navigating third party permission clearances in publishing

Can I use that? Navigating third party permission clearances in publishing

Writers and journalists who are looking to reproduce or adapt existing content in their own work should read up on the risks of using copyright-protected content without permission.

Choosing the Best Name for Your Business Trade Mark Series Part 1

Choosing the Best Name for Your Business Trade Mark Series Part 1

Naming your business or products can be a tricky and time consuming process. You want a name that represents who you are, and what you do but is also catchy and unique. Importantly, that name should also be one which can be protected by registering a trade mark. You can read why trade mark registration is so important here

Is Your Business Ready for New Data Notification Laws?

Is Your Business Ready for New Data Notification Laws?

Did you know that as of 22 February 2018, your business may be required to notify the Australian Information Commissioner if you experience a data breach?  Is your business ready?  Do have a data breach response plan in place?

Secure IP rights overseas and obtain financial assistance with the Export Market Development Grant

Secure IP rights overseas and obtain financial assistance with the Export Market Development Grant

Businesses exporting products around the world can now apply for the Export Market Development Grant (EMDG). Applications can be completed and submitted online up until 30 November 2017.

Sladen Snippet - Registered Trade Marks Required for WET Rebate

Sladen Snippet - Registered Trade Marks Required for WET Rebate

Further to our Sladen Snippet, we are reminding and encouraging businesses with interests in producing and selling wine (and who rely on the WET Rebate) to ensure they have properly secured trade mark registration.

Control it or lose it: authorised use under trade mark licence agreements

Control it or lose it: authorised use under trade mark licence agreements

In the latest instalment of a long running international battle between the Wild Geese and Wild Turkey alcohol brands, the Full Federal Court has found that trade mark owners can lose their registrations if they do not exercise proper control over their licensees.

Sladen Snippet – Review of Australian Intellectual Property Regime

Sladen Snippet – Review of Australian Intellectual Property Regime

The Productivity Commission will shortly commence a 12 month wholesale review of Australia’s intellectual property regime.  The Government has recognised that with a rapidly changing global economy and new technologies, there is a need to ensure that there is an appropriate balance between intellectual property protection and competition.  The review was recommended in the extensive Harper Report on Competition Policy, which noted that excessive intellectual property protection can ‘not only discourage adoption of new technologies but also stifle innovation’.

Do I own the trade mark if I buy the business?

Do I own the trade mark if I buy the business?

Use our online trade mark search tools to ensure it is not already registered.

If you are purchasing a business and want to use the existing brand, it’s important to ensure the brand is available for use and sale. It may not automatically come with the acquisition of
business assets.

This happened to poor Mr Carroll who purchased a pallet racking, shelving and storage solutions business from the Griffiths in Queensland in 2009, called Rack’N Stack*. Unbeknown to Mr Carroll, the Griffiths had already sold the Rack’N Stack business to someone else in 2008. Under the original sale, the Griffiths retained a limited licence to trade in an agreed geographical location. Mr Carroll was unaware of this until he tried to register the trade mark Rack’N Stack and found out that the purchaser of the business in 2008 had already registered it as a trade mark in Australia. This registration was cited against Mr Carroll’s application, and the owners also opposed the registration of Mr Carroll’s Rack’N Stack trade mark.

Another Shark Tank IP lesson - business name registrations don’t protect your business – A Shark says so!

Another Shark Tank IP lesson - business name registrations don’t protect your business – A Shark says so!

Is the name of your business protected? Many businesses say yes because they have a business name registration or are a registered company. But those kinds of registrations don’t protect the business. Don’t just take my word for it, Shark’s Janine and Naomi from Shark Tank were at pains to explain this to one of the hopeful start up contestants during a pitch on the Channel 10 TV show.

There is so much confusion about protecting business names and it doesn’t just come from start-up businesses. I have seen well established businesses operating internationally that haven’t understood how to protect the name of their business.