Intellectual property is one of the most valuable assets of a business. Measures will be taken to protect assets, whether that be through copyright or registration of trademarks.

Trade mark infringement is common. Some examples are as follows:

  • a similar business logo is being used by another company which is within your business’s market place
  • a similar business name is being used so as to cause confusion within the same market
  • someone is using your trademark on their own website.

If you have identified the above conduct or if you are unsure as to whether conduct amounts to an infringement of your copyright, then 2 simple steps should be taken:

  • Obtain copies/photographs/screenshots of the evidence; and
  • Speak to our experienced IP Lawyers and obtain advice.

If your Intellectual Property of Trademark has been breached, legal proceedings can be commenced if a settlement of the dispute has failed, to compensate the owner from the loss or damage which has arisen as a result of the infringement.

The following are some factors which are assessed by the Court when determining the damages to be paid:

  • Account of profits
  • Loss of profit by the owner
  • Damage to the owners reputation

It must be noted, that a defence to the infringement of your IP or trademark is that the infringing party was not aware that they were infringing. Although compensation is still retrievable, it can limit the relief sought by the owner.

For more information on the consequences of someone infringing your IP or trademark, or to have you matter assessed for advice, contact our experienced IP Lawyers.

Our experienced team of intellectual property lawyers have:

  • enforced
  • defended
  • challenged

intellectual property rights through Federal Court litigation, preparing cease and desist letters, and alternative dispute resolution.

We have assisted businesses who have found themselves in instances of infringement, and advised on the appropriate action to be taken based on the circumstances.

Talk to one of our expert lawyers today.