Maxwells Patent and Trade Mark Attorneys and IP Lawyers | Businesses

Maxwells Patent and Trade Mark Attorneys and IP Lawyers

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22.01.2022 What the newspaper reporter failed to report is that it is perfectly legal to copy products on the market if the owner has not sought a design registration. No registration - you can be copied. Simple. This highlights the need to get good advice BEFORE launching a product or making it publishing the design in any way. Design registrations are cheap compared to patents so if you have made something, consider getting IP advice from a patent attorney about design registrations. Otherwise your next design could be Aldi's next blockbuster (with no profits for you!)

21.01.2022 The importance of great branding and IP protection. If you have a great brand that is going to be BIG, come and see at Maxwells IP for some advice.

16.01.2022 This makes surgery recovery less painful

15.01.2022 Fight for the "right" in copyright! YouTube and Facebook escape billions in copyright payouts after EU vote Controversial new law that critics claimed threatened internet freedom is rejected...Continue reading

14.01.2022 Cool pool inventions!

14.01.2022 Breakfast at Tiffanys?...colour trade marks and the risk of synonymous association. https://www.smh.com.au//paper-flower-business-in-trademark

13.01.2022 Innovative designs are your competitive advantage. Dont let someone steal them. Its important to speak to a patent attorney before you make the design public!

12.01.2022 when is a trade mark scandalous? The US Supreme Court considers the F**T case with some surprising insights. https://www.news.com.au///93f336308cac93a7d46901b9a42ebcf2

10.01.2022 The true value of IP and the IP arm-wrestle at the vanguard of capitalism: Intellectual property theft, not metal, is the real trade war in US sights and it's a much bigger worry By business reporter Stephen Letts....Continue reading

09.01.2022 https://www.smh.com.au//irish-burger-chain-beats-mcdonald- When is use of trade mark 'actual use'? Even famous and well known marks can be at risk... burger wars part II...watch this space.

08.01.2022 Always make sure you can back up your products' claims, especially with certification marks. https://www.smh.com.au//accc-moves-to-block-trademarks-mak

06.01.2022 Coming up for air: Nike scores a three point throw re Jordan "flying man image". https://www.news.com.au///30e73499f35ee0f06a7e89b58000c780

06.01.2022 Would you like fries with that? Burger wars in Australia A long standing and well-known burger chain in America called In-N-Out has commenced trade mark infringement action against a Sydney burger restaurant rival demanding it cease and desist using the brand Down N’ Out claiming the names are deceptively similar are likely to mislead consumers and erode In-N-Out’s reputation and mimicry of their goods and services. Proceedings in the Federal Court were launched by the Califo...rnia based In-N-Out Burgers Inc against Hashtag Burgers, which operates burger joints in the Sydney CBD and Ryde in the north west suburbs of Sydney under the Down-N-Out brand. In-N-Out has also initiated passing-off proceedings accusing Hashtag of suggesting an affiliation endorsement or license with their company where in fact no such relationship exists between the entities. In-N-Out is seeking orders in the Federal Court to stop Hashtag Burgers using a deceptively similar name in relation to the same goods and closely related services claiming its reputation in the burger restaurant field has been established since the brand started trading under the (registered) trade mark in 1948 and now has more than 300 stores across the United States and is being diluted and undermined by Hashtag’s use. In-N-Out claims it has an established commercial presence in Australia by way of pop up stores that have used prominent In-N-Out branding on their burger and related goods and thus has an established reputation in Australia. Hashtag burgers denies these claims and counter claims that it does not require a licence to use the Down-N-Out mark as In-N-Out has no true commercial presence nor acquired well-known reputation in Australia and therefore has no threshold of goodwill to protect. Justice Stephen Burley has ordered In-N-Out to file evidence-in-support to its claim and Hashtag has been given July 27 to respond. This case will be instructive as to what is the required threshold of actual use of a well-known foreign trade mark required in Australia, and how much residual reputation lays in a foreign mark’s reputation in this respect. We will keep you updated on the Court’s decision. Maxwell IP.

03.01.2022 Are the three stripes synonymous with Adidas? Not according to the EU, in all EU States. Read on, Just do It. x

01.01.2022 the colour of goodwill and the Bega peanut butter decision. To trade mark a colour is not easy, but possible through extensive use and reputation. Maxwell IP can help you ascertain if this is possible for your brand. https://www.news.com.au///6ea4ba01b62740090dd426aa5a1abddc