Articles and Updates

New .au domain names coming to Australia

From 24 March 2022, new .au domain names will be available for individuals and businesses with an Australian presence. The new .au domain features are:  The name of choosing will be directly before the .au (e.g. yournamehere.au)  The domain name does not have to match the name of the goods or services provided or the individual or business name  The .au namespace will allow for shorter …

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Battle of the Big Cats – Caterpillar Inc v Puma SE [2021] FCA 1014

On 27 August 2021, Caterpillar Inc (Caterpillar) won its appeal against the decision of the Australian Trade Mark Registrar to set aside the opposition ‘procat’ (PROCAT mark) by Puma SA (Puma). Background On 21 October 2016 (Relevant Date), Puma applied for the registration of PROCAT for goods in classes 18 and 25 including apparel, footwear, …

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Universal Music succeeds in copyright infringement case against Clive Palmer

During the 2019 Federal election, Clive Palmer’s United Australia Party (UAP) campaign featured the song “Aussies Not Gonna Cop It”. The song contained the lyrics “Australia ain’t gonna cop it, no Australia’s not gonna cop it, Aussies not gonna cop it any more”. Universal launched copyright infringement proceedings against Mr Palmer in 2019 on the …

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Be aware of US trade mark protection via the Madrid Protocol

The Madrid Protocol is always an attractive alternative to obtaining registration of your trade mark in the US. The primary reason being that an international registration filed via the Madrid Protocol into the US does not require use of the trade mark before it is registered. Conversely, use is required for a national US trade …

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Madrid Protocol – The International Trade Mark System – Reminder on Maintenance Requirements in Member Countries

In this article, we discuss the maintenance requirements of member countries of the Madrid Protocol. While most members only require that the international registration be renewed via the World Intellectual Property Office (WIPO) when it falls due (10 years from lodgement), some member countries have additional maintenance requirements. The Madrid Protocol has in recent years …

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International trade mark protection: First to use or first to file? That is the question.

Further to our article on how to protect your trade marks internationally, an important part of any international brand strategy is to consider where to file your trade mark. This may sound odd; of course you will want to file your trade mark in countries where you are using, or will use your trade mark …

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International trade mark protection: How do I file my brand overseas?

This is the first in a series of articles concerning international trade mark protection. In this article we have outlined the ways in which brand owners in Australia can protect their trade marks internationally. How can local brand owners register trade marks internationally? First and foremost, trademark rights are territorial. Therefore, trade marks should be …

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