Commercial reality: the other mark is famous! No one is going to think I am them…

It used to be the case (Registrar of Trade Marks v Woolworths Ltd, CA Henschke & Co v Rosemount Estates Pty Ltd and Australian Meat Group Pty Ltd v JBS Australia Pty Ltd) that notoriety of a mark or component of a …

Are thousands of removal actions actually invalid?

It has been an absolute pleasure this week to deep dive into the intersection between ss 92 (4) (b) and 93 (2) of the Trade Marks Act this week, with some of the best and brightest at IP Australia’s trade …

Fire walls, acquisitions and risk

I’ve learned that you cannot rent out upstairs and downstairs separately, except with 1 hour fire wall between. This can be added, for a price. But, if the roof height is just enough without the fire wall, it may be …

Scented Deception: Unravelling the Legal Landscape of Perfume Dupes

In the world of perfumes and fragrances, scents possess an undeniable ability to evoke emotions and memories. So, it may come as a surprise to those used to thinking of scents in such whimsical terms that, legally, scents are assets, …

“AI Invades Hollywood: Lights, Camera, IP Chaos!”

Recently, a client invited us to a film set where we joined the cast of extras for a few hours. Whilst this was a once-in-a-lifetime experience for us, for some, this is their livelihood. And yet, such livelihood may be …