From a legal perspective, trade marks are property. Intellectual property to be precise. Although most laypeople would consider bricks and mortar type property as being quite distinct from “intellectual property”, the law makes no such distinction. A trade mark is treated as property that can be sold, licensed, and potentially even stolen. Accordingly, when valuing
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:
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.
The family of convicted drug smuggler Schapelle Corby has been awarded $50,000 in damages for a copyright infringement stemming from photographs published in the book Sins of the Father. The book, published in 2011 by Allen & Urwin and written by investigative journalist Eamonn Duff, is described as the “explosive untold story of Schapelle Corby
As of 23 April 2013, the Google Adwords policy now allows advertisers to purchase and use another party’s trade mark as a keyword to trigger a Google Ad. This means that a party can use a competitor’s trade mark as a keywords to trigger its own Google Ad selling similar products or services. See here
There is often confusion about the differences between trade marks, patents and copyright. This is no surprise as the law in this area is quite complex and very conceptual. This post provides a brief overview of the differences. But firstly, let’s start with the similarities. The reason that trade marks, copyright and patents are often
I’m often asked “why do I need to get a trade mark registration for my name or brand if I already have my business or company name registered?” There are several benefits of having a trade mark registration, even apart from whether or not you have a corresponding company or business name for your brand.