OUR CAPABILITIES
Rouse Lawyers’ intellectual property (IP) litigation team works with our clients to resolve their IP disputes effectively and efficiently. We have experience acting for parties whose IP rights are being infringed as well as those accused of infringing the IP rights of others.
Our IP litigation services include disputes in relation to:
- trade marks/brands (both registered and unregistered);
- Australian Consumer Law, including misleading and deceptive conduct;
- passing off;
- get-up;
- advertising and marketing;
- business and corporate names;
- copyright;
- domain names;
- moral rights;
- designs;
- confidential information and trade secrets; and
- patents.
Our clients range from sole traders to large corporations. We help our clients to find the best approach to preventing others from infringing their IP rights or defending themselves in relation to allegations of infringement. We always consider both legal and commercial factors when advising on the best approach. We pride ourselves in providing high quality services in a very specialised area of law that are also cost effective.
RECENT WORK
Passing Off and Misleading Conduct
We acted for a client in defending allegations of passing off and misleading and deceptive conduct in relation to a new product. The client was in the process of launching a new product and a competitor commenced court proceedings seeking an urgent injunction to prevent distribution of the product with its current packaging and labelling. The matter ultimately resolved in voluntary mediation allowing the client to get on with its product launch with limited interruption.
Trade Mark Infringement Allegations
We acted in defending a client against false allegations of trade mark infringement. The client received a letter of demand to cease importing a product they had been importing into and selling in Australia for many years. A third party had recently registered the trade mark under which the goods are sold. We were able to advise the client in relation to the allegations and establish that the client was unlikely to be infringing the trade mark. In fact, the registrant possibly had no legitimate rights in the mark it had registered. Once the trade mark registrant was advised that our client had been importing for many years they ceased any further action.
Enforcement of Trade Mark Rights
An online retail client had recently launched its business. The client sought advice in relation to the use of its brand by a competitor. We prepared and sent a letter of demand to enforce the client’s registered trade mark rights addressing trade mark infringement, misleading and deceptive conduct and passing off. The competitor agreed to cease using the client’s brand and to never again engage in such conduct.
