Trademarks

4 of the Most Frequently asked Questions about Trademarks Answered

by Five Fantastic Lawyers™ December 13, 2020 Trademarks

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 spot of trouble regarding your […]

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5 Legal Issues to Know About Before Designing Your First Business Logo

by Five Fantastic Lawyers™ November 12, 2018 IP & Technology

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 your logo is technically a […]

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Global Brand Management: Risks and Strategies

by marcus evans October 8, 2015 Company Law

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  potentially obtaining affirmative recoveries for […]

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Long running Kit Kat legal battle fails in EU courts

by Wayne Beynon September 24, 2015 IP & Technology

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 identify it as a Kit […]

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Genericide in the 21st Century: Overexposure of the Modern Brand

by ASchlossberg February 10, 2015 Blawging

“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 of products. Yo-yo, Escalator, and […]

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How Can Trade Mark Infringement Damage Your Business?

by Tim Bishop April 30, 2014 Trademarks

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 to your own? Just how […]

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The Expert Witness Who Convinced a Jury that Samsung Owed Apple $290 Million

by theexpertinstitute November 28, 2013 Copyright Law

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 fingers to pinch and zoom […]

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Does It Help to Have a Trademark Lawyer?

by Gerben Law Firm September 26, 2013 IP & Technology

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 on their brand names. When […]

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Before you share your idea with the world

by Wadeson September 17, 2013 Intellectual Property

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 before proceeding can save a […]

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32 Red plc v WHG (International) Ltd – Trademark Infringement Case Comment

by John Hirst May 10, 2013 IP & Technology

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 case was the protected name […]

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