“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.”

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’.

Receiving an offer from a publisher is an exciting moment. Nothing quite compares to the thrill of knowing that one day your work may be seen in print.

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.

Receiving an offer from a publisher is an exciting moment. Nothing quite compares to the thrill of knowing that one day your work may be seen in print.

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.

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.

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.

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

The case of the pirated blueberries: the value of registration as an anchor for protecting Plant Breeder’s Rights

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.

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.

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

Are the eggs you buy really ‘free range’?  From 26 April 2018, you will be able to tell as all egg producers will be required to state on their carton labels the maximum outdoor stocking density if packaging ‘free range’ eggs. 

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?

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.

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.

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.

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’.

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.