News & Blog
Before you sell any product, you should have a Patent Attorney conduct infringement research, and provide clearance (or not) on whether you can do so.
On appeal, the Full Federal Court supported enforcement of the HARBOUR LIGHTS trademark covering a residential apartment complex, owned by Accor Australia and New Zealand Hospitality Pty Limited (Accor).
If you filed a trademark and expect a Trademark Attorney to later patch it up, forget it. This Court case demonstrates that is NOT a possibility. Or if you think the Trademark Office advises and checks on legal errors, you may be headed for a disaster as was the case in this recent Federal Court decision: Tham Global Pty Ltd v Insight Clinical Imaging Pty Ltd.
This is an example of a DIY business owner placing excessive reliance on IP Australia’s Trademark system, without seeking proper Trademark Attorney research and advice before adopting the name. This is not new, with this case just being the latest.