Tag archives: brand protection

Managing your products when a patent expires – how good brand management can maintain product and brand awareness, and build market share

The Australian Government’s recently expressed interest in cracking down on misuses of market power may have left some patent holders with concerns about the proposed amendments to the Competition and Consumer Act 2010 (the Act). All the fuss relates to section 46 of the Act: the provision which prohibits a company with a substantial degree … Continue reading

‘Apples, Beatles and four decades of litigation’ – Cautionary tales for start-ups settling on a new brand name

Apple: the world’s most successful company, with an estimated worth of three-quarters of a trillion dollars. It’s no wonder that would-be tech entrepreneurs around the world are sitting around in black turtlenecks, jeans and New Balance sneakers, poring over Steve Jobs’ biography and trying to work out how they might emulate his success in their … Continue reading

Telstra hits a home run in defending its “Go to Rio” Olympiads

Last year, we reported on a decision of the Federal Court of Australia, in which the Australian Olympic Committee (AOC) unsuccessfully sought injunctive relief to prevent Telstra from running its “Go to Rio” advertising campaign in the lead-up to the 2016 Summer Olympic Games in Rio.[1] In an attempt to preserve the value of its … Continue reading

Rebranding 4.0: Why authenticity matters to socially-aware consumers, and how to convey it

Increasingly affordable renewables, coupled with consumers’ sensitivity to environmental, social and governance (ESG) issues, are driving a profound shift in energy markets worldwide. Nowhere is this more apparent than in brand equity, and the trust levels displayed by the public towards traditional energy businesses versus green, dynamic start-ups. Rebranding is a powerful tool to close … Continue reading

Promoting an innovation economy – Australian Government responds to Productivity Commission’s report into IP arrangements

We recently published an article on the potential impact on the Productivity Commission’s Inquiry Report on Intellectual Property Arrangements (Report) on Australia’s innovation economy. The Australian Government has now responded to the Report, supporting the Commission’s recommendations to reform the patent system, but stopping short of embracing the extensive copyright overhaul recommended in the Report, … Continue reading

Extending Brand Protection to Canada

Brand protection is important.  Foreign service providers interested in extending their brand equity to Canada will be encouraged by the Federal Court’s recent decision in AT&T Intellectual Property II, L.P v. Lecours, Hebert Avocats Inc., 2017 FC 734.  In this case, AT&T was able to protect its brand and maintain its Canadian trademark registration for … Continue reading

Australian Modern Slavery Act: Why big brands will have nowhere to hide

The Australian Government has just confirmed that new legislation will be introduced requiring large Australian businesses to report annually on their efforts to address modern slavery. The result will be a framework similar to the corporate-focussed legislation enacted in the UK in 2015 and similar initiatives that are under discussion in other jurisdictions including the … Continue reading

Rebranding in the energy market – The issues to consider

A number of energy giants have recently undergone corporate rebranding exercises. The motivations of these powerhouses often vary, from unifying a group after a series of mergers and acquisitions, to repairing reputational damage, to just aligning with a new corporate vision.  Tesla dropped “Motors” from its branding in 2016 to promote its clean energy solutions … Continue reading

Maximise your IP to enhance franchise value

Franchising is, in essence, a business model built on intellectual property (IP) – it provides a useful forum for commercialising IP.  Franchisors gain by sharing use of their IP (including trade marks, patents, designs, copyright materials, know-how and/or confidential information) in return for a fee, and franchisees benefit by obtaining the benefit of an established … Continue reading

Beware the ghost of handshakes past – Could your IP licence survive termination?

What happens when an IP licence agreement is terminated? The obvious answer would of course be that the licence terminates too.  However, as the latest instalment in an ongoing saga involving the well-known PINK LADY brand of apples reminds us, imprecisely drafted licence agreements may come back to haunt unsuspecting licensors. How do you like … Continue reading

What’s in a name? How to protect yourself if your name is your personal brand

Cher, Prince, Oprah, Bono – all of these celebrities have one thing in common – the capacity to be recognised by nothing more than a single name. For businesses which are built on the success of a personal brand, a name can be a crucial component of being recognised by consumers. But the question remains: should … Continue reading

Making us safer, through Brand Protection

What does brand protection have to do with cybersecurity? A study earlier this year demonstrates the connection. The study reviewed domain names for 11 major industrial control system (ICS) vendors.  ICS vendors provide, among other things, supervisory control and data acquisition (SCADA) systems, used in power plants and oil and gas refining.  In other words, these … Continue reading
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