INSIGHTS

Insights

Clear explanations of the trade mark, IP and business questions founders and business owners ask us every week.

Pen Names: A Useful Disguise Or A Legal Risk?

Pen names can protect your identity, but they carry real legal risks around reputation, trade marks and copyright duration.

Why you should conduct a Trade Mark Search before launching a brand

Skipping a trade mark search before launching your brand can lead to costly infringement claims, as these real cases show.

The Melbourne “Cinnabon” Dispute: Why Trade Mark Searches Are Essential Before Launching a Brand

Explains how the Melbourne Cinnabon trade mark dispute shows why a proper trade mark search is essential before launching a new brand.

Trade Marks and Personal Branding

Explores how registered trade marks can protect a celebrity or influencer’s name, signature, logo and other personal brand assets.

How to avoid a TikTok Takedown

Outlines the copyright, defamation and permission risks TikTok creators face and how to avoid having a video taken down.

The Benefits of Trade Mark Registration

Outlines the legal benefits of registering a trade mark in Australia, including enforcement rights, compared to relying on common law.

How to commercialise a trade mark

Explains the two main ways to commercialise a trade mark in Australia, licensing and assignment, and what each option involves.

Defensive domain name strategy: protecting your brand online

Explains why a defensive domain name strategy protects a brand’s online reputation from cybersquatting and customer confusion.

The pitfalls of filing a trade mark application yourself

Highlights common mistakes in self-filed trade mark applications, such as wrong class selection, and why professional review matters.

AI and Copyright in Australia

Examines who owns copyright in AI-generated content under Australian law and how human involvement affects that ownership.