This new legal information blog post shares the answers to 4 FAQs regarding Trademarks (based on Australian trademark law and general practice). Trademark law can be complicated, which is why it’s advisable you consult a trademark attorney to help you navigate the registration process. If you’ve found yourself in a
Designing your logo is equal parts logic and feeling. You want your logo to evoke a specific emotion when people see it. You want them to associate it with your branding, what you provide, and your value as a business. Logic comes into play where legal issues are concerned. While
Interview with: Allan Diamond, Managing Partner, Diamond McCarthy LLP “Chief Litigation Officers (CLOs) should not limit themselves to traditional methods of protecting their companies’ brand and should think creatively in terms of implementing a global strategy that will result in keeping their authorized supply channel partners happy, minimizing lost sales/profits, and
Confectionary multinational Nestle has this week failed to persuade European courts that it should grant the UK trademark request on the shape of its well-known chocolate bar, the Kit Kat. In a long-running case Nestle attempted to prove that the shape of the four-finger bar was what consumers used to
“Every brand has at its core a substance that gives it strength.”[1] In the 21st century, the reality is that companies are being penalized for their success with certain products. Genericide occurs when a brand no longer denotes its origin, but rather is used to refer to a whole category
Trade marks can be incredibly important in business. They let your customers know who you are and what you sell, as well as enhancing your brand and building a solid reputation that others can recognise and rely on. But what happens when another company starts using a similar trade mark
Damages expert witness Julie Davis convinced an eight-member federal jury that Apple, Inc. deserved to be paid $290 million by the company that profited from infringing on the tech giant’s patents. According to Reuters, Apple argued that Samsung Electronics Co. profited from “ [copying] various iPhone features – like using
What’s in a name? According to William Shakespeare’s Juliet, who famously proclaimed, “That which we call a rose by any other name would smell as sweet” — not much. But try telling that to Nike® or Cadillac® or Lululemon® — companies who rely on consumers to seek out their products based
Naturally, when you have an idea you want to share it with the world, whether that be to run it by potential customers or begin talks with potential suppliers. Unfortunately rights can be lost and others’ rights infringed when an idea is shared, so a little time and good advice
The recent case of 32Red plc v WHG (International) Ltd and other companies concerned the infringement of rights protected by European Community trademarks (an EU wide trademark which circumvents the need to register the trademark in every European country where the name company trade). The Community trademark infringed in this
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