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@sstevenhawkin
A litigation lawyer works with clients to resolve their disputes in an efficient and timely manner. Litigation lawyer services include a wide range of litigation, contract disputes, enforcing and defending copyright, trade mark infringement and more. Know more about our Litigation lawyers Sydney services by visiting us.
Patent Attorney Sydney
For all your patent and trademark needs
Welcome to Progressive Legal. We offer:
Patent expertise
A range of patent legal services
Fixed-cost arrangements and obligation-free quotes
Experience working with over 3,000 Australian businesses
Request patent advice today
Request patent advice from one of our highly qualified patent attorneys via phone or the contact form on this page. We’ll make sure to get back to you within a day. https://progressivelegal.com.au/protecting-your-intellectual-property/patent-attorney-sydney/
Employment lawyers Sydney work with clients ranging from sole traders to large companies with several thousand employees. Employment lawyers can help you with: Employment Agreements, Independent Contractors Agreements, Workplace Policies and Procedures, Code of Conduct, and Tailored Legal Advice.
Shareholders’ Agreements
Every Shareholder’s or company director’s requirements are different.
From negotiating the number of shares to clarifying rights and obligations of the shareholders, our expert lawyers are trained to address a variety of complex legal issues.
Shareholders’ Agreements are a major area where small business owners frequently encounter difficulties in corporate law.
Navigating Shareholders’ Agreements can be a complex undertaking, involving issues such as ownership rights, dividend distributions, and shareholder voting rights. It’s important for small business owners to carefully consider these matters and ensure that their agreements accurately reflect their intentions and protect their interests. Failing to do so can lead to disputes and legal challenges down the line.
IP lawyer It’s vital for you to protect your business’ Intellectual Property (IP) to ensure long term financial success and brand building, which often a lot of business owners forget. It’s only when the IP of a business has been stolen or under attack, is it really clear how important that is. An IP lawyer can help protect your IP. Get in touch with Intellectual property lawyers sydney.
Trade marks lawyers help protect your brand and your business. IP generally, is becoming more and more valuable as businesses invest in technology and new ways of doing things. New trade marks, designs, patentable inventions, technical know-how, automation, inventive steps, processes and secrets are all worth protecting.
The Basics of Trademark Infringement: What Every Business Needs to Know
As a business owner, it is important to protect your brand and ensure that others are not infringing on your trademarks. At the same time, you need to be mindful of infringing on other businesses' trademarks. This is where a solid understanding of trademark infringement becomes critical. In this article, we will discuss the basics of trademark infringement and how it impacts your business.
What is a Trademark?
A trademark is a symbol, word, or phrase used to identify and distinguish the source of goods or services from those of others. It can be a brand name, a logo, a slogan, or a combination of these. A trademark is registered with the United States Patent and Trademark Office (USPTO) and gives the owner exclusive rights to use the mark in connection with the goods or services covered by the registration.
What is Trademark Infringement?
Trademark infringement occurs when someone uses a trademark that is identical or confusingly similar to a registered trademark without permission from the owner. The unauthorized use of a trademark creates a likelihood of confusion or deception among consumers, which can harm the reputation of the original trademark owner. Trademark infringement can occur in many ways, including:
Using a similar or identical mark on a similar or related product or service.
Using a mark that is similar or identical to another mark in a way that creates confusion among consumers.
Using a mark that dilutes or tarnishes the original mark's distinctiveness or reputation.
How to Avoid Trademark Infringement?
Avoiding trademark infringement starts with conducting a comprehensive search to ensure that the proposed mark is not already in use by another business. A search should include USPTO's database and common law trademarks, which are not registered but are still protected under the law.
It is also important to work with an experienced trademark attorney who can help you navigate the trademark registration process, provide guidance on selecting a strong and unique trademark, and help you enforce your trademark rights if necessary.
If you discover that another business is using a mark that is similar or identical to your registered trademark, you should consult with an attorney to determine the appropriate course of action. This may include sending a cease and desist letter, filing a lawsuit for trademark infringement, or negotiating a settlement with the other party.
What are the Consequences of Trademark Infringement?
The consequences of trademark infringement can be severe and costly. In addition to damaging the original trademark owner's reputation, trademark infringement can lead to legal action, fines, and other penalties. If your business is found to be infringing on another business's trademark, you may be required to pay damages and legal fees, rebrand your business, and even shut down your business entirely in extreme cases.
In contrast, if another business is found to be infringing on your trademark, they may be required to stop using the infringing mark, pay damages and legal fees, and in some cases, be forced to rebrand their business.
Conclusion
Trademark infringement is a serious matter that every business owner should take seriously. By understanding the basics of trademark law, conducting a comprehensive trademark search, and working with an experienced trademark attorney, you can protect your business's trademarks and avoid infringing on the trademarks of others. Remember, your trademarks are your brand, and protecting them is critical to your business's success.
Fixed-priced online legal services in plain English for the modern Australian business.
Expert Trade Mark Infringement Lawyers
Are you looking for trade mark infringement legal advice? Welcome to Progressive Legal. We’re Sydney based lawyers specialising in trade mark infringement advice. You can find our office at 801, Level 8/100 William St,Woolloomooloo NSW 2011. We service clients Australia wide.
We provide trademark infringement and dispute resolution legal services. Don’t let someone infringe your IP – protect it today.
Get Expert Legal Advice Today
If you want expert advice on a trade mark infringement case, please get in touch with us today via phone or the contact form on this page.
Fixed-priced online legal services in plain English for the modern Australian business.
Welcome to Progressive Legal’s domain name disputes service page. Domain names form an important online identifier for brands.
Unfortunately, almost anyone can register a domain name, and as a result, your domain name may be misused or hijacked/squatted on for the purposes of sale which some might consider akin to commercial extortion. We can help you with: https://progressivelegal.com.au/dispute-resolution/domain-name-disputes/
Fixed-priced online legal services in plain English for the modern Australian business.
We provide expert legal advice in relation to structure, intellectual property protection (including trade marks), commercial tailored legal documents and advice, workplace, and dispute resolution. We believe the current legal model is outdated and our vision is completely different to the “old school”​ approach to legal services.
A contractors agreement (or contractor contract) is an agreement between a business (the principal) and a service entity (the contractor) where the contractor agrees to provide a service to the business in return for a fee. At Progressive Legal, we can help you to formalise the engagement of your contractor in a written contract. We have helped almost 3,000 Australian Small Businesses over the past 8 years with services such as our independent contractor agreements.
At Progressive Legal, we can assist you to protect and enforce your rights. Some of the services we offer include: Initial consultation, Copyright protection advice, Copyright infringement advice and Cease and desist letters. Know more on - https://progressivelegal.com.au/protecting-your-intellectual-property/copyright-infringement-lawyers/
Katie Perry v Katy Perry: What Trade Mark Rights are there to a Name?
Katie Perry v Katy Perry: What Trade Mark Rights are there to a Name?
That question is currently underway in the NSW Federal Court as part of an ongoing trade mark battle between Australian fashion designer, Katie Taylor, and American pop singer Katy Perry.
Katie Taylor, maiden name Perry, is suing the superstar for allegedly infringing her trade mark KATIE PERRY from at least 2013. Â
Taylor has alleged in court that she has used the trade mark for the sale and design of clothes since November 2006. Taylor registered the trade mark in Australia in 2008.
Singer Katy Perry, (her real name being Katherine Hudson), adopted the stage name in 2004 as a combination of her first name and her mother’s maiden name. Â
Katy Perry (US Pop Star, on the left), and Katie Perry (Australia Fashion Designer, on the right).
Early days
Perry initially opposed the trade mark registration in 2009, filed cease and desist letters against Taylor and applied for a hearing with IP Australia where she intended to argue against the registration. Perry withdrew her opposition 2 hours before the hearing was scheduled.
Read more on -Â https://progressivelegal.com.au/katie-perry-v-katy-perry-what-trade-mark-rights-are-there-to-a-name/
Independent Contractors Agreement
At Progressive Legal, we can help you to formalise the engagement of your contractor in a written contract. We have helped almost 3,000 Australian Small Businesses over the past 8 years with services such as our independent contractor agreements.
A defensive trade mark application is usually filed to prevent someone else from applying in goods or services unrelated to the mark of the owner.
A defensive trade mark application is usually filed in relation to goods and services unrelated to the mark of the owner (or that the owner is unlikely to use at this stage). Â
Even though they’re technically not providing these goods or services, they still want to have protection against others filing in those relevant classes because they want to prevent someone else from applying for or using those goods or services in the market that may confuse and mislead the public. Â
For the public, parallels may be drawn between the unrelated goods and services of another party and those of the primary trade mark owner.
Unrelated goods or services are those which are not directly related or fall under the same description. Therefore, many businesses that have built up their brand and reputation will apply to register for their mark in relation to unrelated good or services as a defensive trade-mark.
Learn more about the benefits of having a defensive trade mark right here:-Â https://progressivelegal.com.au/defensive-trade-marks-what-are-they/
Why registering a company? It's a type of business structure which has several legal and tax benefits over a sole trader or partnership.
A company is a type of business structure used which has several legal and tax benefits over a sole trader or partnership. Â
When a company is registered, it creates a legal entity that’s separate from you. That is, if you move from a sole trader to a company, you and the business are no longer one and the same person. Â
This legal entity allows you to operate independently of yourself and your name.Â
There are lots of benefits to having a company as opposed to sole trader or partnership, which in our view from a legal perspective, greatly outweigh any compliance and added obligations and other costs. Â
Business is inherently risky, that’s why they call it “risky business”. If there is any real element of risk, then business owners should heavily consider incorporating to a company sooner rather than later. Â
Read more
3 Things You Should Do Before Starting a Business
Before starting your business, there are a number of things you should do to increase your chances of finding success and starting off on the right foot. Keep reading to find out what these things are and how they can help your business.
Creating a website terms and conditions
If you are starting a business, you will most likely also be building a website to go with it. In this case, it is important that you create a website terms and conditions before getting your website up and running. This is so that you are protected against any liabilities and conflicts or misunderstandings that may occur between you and your website visitors. It may be difficult to create a website terms and conditions from scratch by yourself so don’t hesitate to contact a business lawyer to help you along the process.
Register your business name
Unless you are a sole trader, you will need to register your business name with the Australian Securities and Investments Commission (ASIC) before being able to operate. Similarly, you will also need to register your business address so that the ASIC can mail you official communications. As such, it is important to decide on a business name and legally register it before you start operating your business, as without doing so, you may miss out on critical information provided by the ASIC.
Apply for permits and licenses if required
In the case that your business needs a license to operate, or you need a permit to use equipment while running your business, you will need to apply and receive these licenses and permits before starting your business. This is for occupational health and safety reasons, and guarantees that you are operating your business legally. You can apply for a license with your local council or state government (depending on what the license is) and perform tests to receive your permits for specialised equipment.
If you are planning on starting your business in the near future, make sure to do the above things listed first before starting so that you have better chances of finding success!