trademarks – IP Law Watch

Brand Guardians: Effective Strategies Against Cyber Counterfeiting: Part 2

Jul 16 2025

Our first article in this series highlighted the financial and reputational damage counterfeiting causes to brand owners and the significant societal consequences associated with the reproduction, sale and dissemination of counterfeit products around the globe. We looked at how having strong Intellectual Property (IP) protection, selling through social or e-commerce platforms that have rigorous seller verification processes and educating consumers, retail and social platforms about the difference between genuine and counterfeit products, are all fundamental strategies which can be effective in the fight against online counterfeiting. Supplementing these steps with strategic enforcement action and IP protection measures are equally important.

Brand Guardians: Effective Strategies Against Cyber Counterfeiting: Part 1

Jul 08 2025

In this two-part series, we show not only how to protect your brand from counterfeiting but also how your efforts to do so can simultaneously reduce organised crime, people trafficking, forced labour, toxic health risks and environmental crimes.

Post-Sale Confusion Relevant to UK Trade Mark Infringement Cases but Supreme Court Overturns Court of Appeal in the Umbro Case

Jun 25 2025

On 24 June 2025, the Supreme Court handed down its decision in the case of Iconix Luxembourg Holdings SARL v Dream Pairs Europe Inc and another (see here).

A Quest Against Middle-earth: Lord of the Fries Successfully Registers LORD OF THE Mark

May 13 2025

The intellectual property rights owner of The Lord of the Rings franchise, Middle-earth Enterprises, LLC (Middle-earth Enterprises) has renewed its pursuit against Lord of the Fries IP Pty Ltd (Lord of the Fries), having recently appealed the Australian Trade Marks Office’s decision allowing the registration of the word mark LORD OF THE filed by Lord of the Fries. We discuss below the key issues in dispute in the trade mark opposition filed by Middle-earth Enterprises.¹

Be Wary: Sophisticated Scam Emails Impersonating IP Attorneys

Jan 22 2025

Business owners should be aware of a new email scam circulating impersonating an intellectual property (IP) representative, containing false information, and offering trademark assistance. This nefarious email scam is sent by an operator impersonating a known Australia registered patent and/or trade mark attorney to garner legitimacy. IP Australia has provided an example of the scam and both IP Australia and the Institute of Patent and Trade Mark Attorneys (IPTA) continue to publish alerts regarding this issue.

When Life Gives You Lemons….Thatchers Successful as Court of Appeal Finds Aldi Copycat Products Amount to Trade Mark Infringement in the United Kingdom

Jan 22 2025

On 20 January 2025, the English Court of Appeal handed down its judgment in a highly anticipated appeal by Thatchers Cider Company, concluding that Aldi had infringed Thatchers’ registered trade mark under section 10(3) of the Trade Marks Act 1994, by taking unfair advantage of Thatchers’ packaging trade mark (see comparison below).

Make Protecting Your UK and EU Product Packaging and Labels Your New Year’s IP Resolution. Part 1: Protect Unique Packaging in the EU

Jan 16 2025

New developments in Europe make a filing strategy for registered designs and trade marks even more essential for the modern consumer business. Read on to find out more.

You’re Gonna Hear Me Roar: Katy Perry Wins Appeal Against Local Australian Fashion Designer

Dec 15 2024

In the long-running trade mark dispute between international popstar Katy Perry and Australian fashion designer Katie Taylor, the Full Federal Court has overturned the first instance decision of Taylor v Killer Queen, LLC (No 5) [2023] FCA 364 and ordered that Taylor’s trade mark be cancelled.

SkyKick v Sky: A Debrief of the Latest Developments

Nov 22 2024

The UK Supreme Court recently handed down its judgment in the long-running SkyKick v Sky trade mark battle. The court considered the key issue of ‘bad faith’ applied to the over-claiming practice and its implications for trade mark infringement matters.

Be Very Mindful When it Comes to Social Media Trends and Trade Marks

Sep 06 2024

“Brat summer”, “coquette aesthetic”, “strawberry milk makeup”: social media trends can achieve viral status essentially overnight. However, their popularity is frequently short-lived. As a result, brands will often quickly devise marketing strategies incorporating these trends and catchphrases as soon as possible to capitalise off the current popularity and appeal to consumers.

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