Trade Mark Infringement and the risks of imitation masked as a “tribute”
The case of Hashtag Burgers Pty Ltd v In-N-Out Burgers, Inc [2020] FCAFC 235 is much more than a simple dispute over fast-food naming rights, i.e. it is a definitive lesson in the…
Animated Characters and the Limits of Trade Mark Infringement
The High Court of Australia’s decision in Shell Company of Australia Ltd v Esso Standard Oil (Australia) Ltd [1963] HCA 66 remains a landmark judgment in the domain of trade mark…
Branding, Collaborations and the limitations of using a Name
When two brands share a common name, the legal dispute often shifts to how consumers perceive that name within the context of the marketplace. The recent decision by Justice…
Trade Mark Protection for Non-Traditional Marks in Australia
The concept of branding has evolved in the modern world to encompass more than just a company's name or logo. It entails adding a unique touch and leaving a lasting impression on…
Why Having a Registered Trade Mark Isn’t Always Enough?
What would happen when a well-established Australian energy company, which has spent years building a brand around a specific name, finds itself in a legal battle with a newcomer…
Intent to Use: A Critical Threshold in Trade Mark Law
When a business seeks to protect its brand in Australia, the law assumes a basic starting point, i.e. the applicant must actually intend to use that mark. It sounds simple, but a…
Digital Brand Identity and Physical Presence of Trade mark
What happens when a digital giant with a household name faces off against a newcomer using a nearly identical-sounding brand on physical store shelves? The Federal Court of…
Naming Conventions and Deceptive Similarity of Trade mark
The Federal Court of Australia’s decision in CCMSM Commercial Pty Ltd as Trustee for the CCMSM Commercial Trust v Registrar of Trade Marks [2025] FCA 1615 is a significant ruling…
