Trademark Disputes.

A trademark dispute arises where one party is alleged to be using a trademark of another party in a way that infringes the other party’s exclusive rights provided by the trademark.

Typically, a trademark dispute will be initiated by a letter of demand from one party alleging trademark infringement by the other party.

You could be involved in a trademark dispute where;

  • your trademark is being used by a competitor without your consent; or
  • you are being accused by a competitor of using their trademark.

Use of a trademark can be many things. For example, use of domain name can be an instance of trademark infringement and the subject of a trademark dispute, which can be the subject of an ICANN, auDA or WIPO dispute resolution service.

Trademark Dispute Examples

Examples and instances of trademark disputes are:

Havana Club

With war over Havana Club rum still in court, Bacardi turns to the court of public opinion
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Redfall

Redfall Trademark Dispute Settled Between Zenimax And Author Jay Falconer
Read More >>

Knowing your legal rights is essential in a trademark dispute. The strength of your legal case will assist you in deciding what action to take. Acting early can avoid having to initiate or defend unnecessary litigation, where damages and legal fees can be costly.

As a specialist, McIntosh IP can provide you with a prompt well-considered legal advice as to your case. McIntosh IP provides advice in trademark disputes, as well as assistance in dispute resolution and trademark litigation.

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Business name no defence to trade mark infringement

A common misconception is that registering a business or company name gives you a right to use it in any manner you desire.  This is not the case.  If your business or company name infringes on another party’s trade mark, then they can prevent you from using it and also seek damages. It is easy

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“There’s an App for That!” is now an Apple Trade Mark

Most large and successful brands are very trade mark conscious, often verging on being aggressive.   And non more so than Apple Inc.  Apple is now the owner of the ubiquitous catchphrase “There’s an App for That.”  Apple Inc owns the registered Australian trade mark no. 1374498 for “THERE’S AN APP FOR THAT” in relation to

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Infringement under Designs Act 2003-Section 19

  The test of ‘substantially similar in overall impression’ in section 19 of the Designs Act 2003 (Cth) is stronger than the test of ‘fraudulent or obvious imitation’ in Designs Act 1906 (Cth).  Introduction Despite the increased celebration of product design, the law protecting designs remains amongst the least utilised of all the registered intellectual property

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Trade Marking in China

Are you doing business in China?  If so, you may want to consider registering your name or brand as a trade mark to protect it. Trade marks are country based, so you only have protection in countries where you have a registered trade mark. It may be surprising to some, but there are many similarities

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