Australia: Trademark

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.
Article
Counterfeit Imports – Tougher Penalties At The Border
Australia strengthens its response to counterfeit goods importation through new legislation that creates strict liability offences and enables infringement notices at the border. The amendments aim to make counterfeit importing unprofitable by ensuring penalties and seized goods exceed potential profits. How will these changes impact intellectual property rights holders and importers operating in Australia?
Australia IP
PP
Pointon Partners
Article
Will The Real Swim Shady, Please Stand Up?
Eminem's legal team has challenged an Australian beach lifestyle brand's trade mark application, arguing that 'Swim Shady' is confusingly similar to his iconic 'Slim Shady' persona. Australia's Registrar of Trade Marks has now ruled on whether the rapper's existing Australian registrations provide sufficient grounds to block the beach brand's application, with the decision turning on evidence of genuine use across merchandise categories.
Australia IP
B
Boult Wade Tennant
Article
When “Honest Use” Isn’t Enough: What The High Court’s Zip V Firstmac Decision Means For Your Brand
The High Court of Australia has delivered a landmark ruling in Zip Co Ltd v Firstmac Ltd that fundamentally changes how businesses must approach trade mark conflicts. This decision clarifies when the 'honest concurrent use' defence applies and establishes that knowledge of a conflicting mark creates serious legal obligations that cannot be ignored.
Australia IP
CG
Coleman Greig Lawyers
Article
Alright, Alright, Our Rights? Generative AI And Celebrity Voices
It has been reported that actors Matthew McConaughey and Sir Michael Caine have each signed a deal with AI audio company, ElevenLabs, allowing for the creation of AI-generated versions of their voices. These agreements follow on from a recent trend in Hollywood for celebrity partnerships with AI-generative tech companies, which now includes the likes of Dame Judi Dench and Kristen Bell who both partnered with Meta in 2024 for the use of their voices.
Australia Technology
MO
Mills Oakley
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