Intellectual Property » Misleading Conduct & Passing Off

Businesses often need swift, aggressive actions to prevent damage to their brands or reputation.

In addition, competitive misconduct often happens online. The ongoing challenge of identifying and locating online perpetrators requires a solution which carefully balances a client’s desire for action with the potential for an over-aggressive approach which could result in an online consumer backlash and the associated PR headache. Equally, increasing competition means organisations need to take an ever more aggressive approach to their own marketing efforts, whilst ensuring they don’t stray outside the law.

Corrs has a solid track record of establishing the right strategy for successful market-facing activities and dealing effectively with challenges to brand or reputation.

Our Experts

David Smith.jpg

David Smith

Partner Location Melbourne Profile
Eddie Scuderi.jpg

Eddie Scuderi

Partner Location Brisbane Profile
Eugenia Kolivos.jpg

Eugenia Kolivos

Partner Location Sydney Profile
Frances Wheelahan

Frances Wheelahan

Partner Location Melbourne Profile
Jim Micallif.jpg

Jim Micallef

Special Counsel Location Sydney Profile
Matt Swinn.jpg

Matthew Swinn

Partner Location Melbourne Profile
Odette Gourley.jpg

Odette Gourley

Partner Location Sydney Profile
Stephen Stern.jpg

Stephen Stern

Partner Location Melbourne Profile
Tim Allen.jpg

Tim Allen

Partner Location Melbourne Profile
Vanessa Mellis.jpg

Vanessa Mellis

Special Counsel Location Brisbane Profile

Our Experience

Playcorp

Coffee pot icon, Bodum, had always aggressively defended its intellectual property by acting against manufacturers of goods that resembled its Chambord coffee plungers. But when Bodum questioned the legitimacy of a Playcorp product, Corrs went in hard and fast with the launch of proceedings.

Proceedings were based on the argument that Bodum’s rights lay in the heavy branding of its coffee pots, not any distinctiveness of shape.

Playcorp’s convincing win is likely to have implications for competition in the Australian marketplace where Bodum had successfully challenged manufacturers in the past.

More

Our Thinking

Avoid social media folly: Seafolly v Madden case study and our top tips

What happens when a company vents their frustration about a competitor on Facebook? How does the law respond? Learnings from Seafolly v Madden.

More

Doing Business in Australia

Australia is an exceptional place in which to do business. Find out how we can help you develop your business in Australia.

More Download

Do you have the tactical and strategic edge in litigation?

From time to time you will be faced with a step which is unusual and not generally taken by lawyers. But if followed in the appropriate way it can save the client considerable time and money.

More

Australia should lead in counterfeit crackdown

The new Anti-counterfeiting Trade Agreement (ACTA) is the latest international effort aimed at combating the more than US$200 billion dollar global trade in counterfeit and pirated goods.

More

Protect your brand on the internet

Who is in charge on the internet? Mostly, it seems it’s the consumer. So how do you protect your brand when it’s in the hands of the consumer and the consumer is everywhere?

More

They said the wrong thing, but it’s your website

What if your consumers are less than truthful, or breach intellectual property laws?

More

Our Experience

Playcorp

Coffee pot icon, Bodum, had always aggressively defended its intellectual property by acting against manufacturers of goods that resembled its Chambord coffee plungers. But when Bodum questioned the legitimacy of a Playcorp product, Corrs went in hard and fast with the launch of proceedings.

Proceedings were based on the argument that Bodum’s rights lay in the heavy branding of its coffee pots, not any distinctiveness of shape.

Playcorp’s convincing win is likely to have implications for competition in the Australian marketplace where Bodum had successfully challenged manufacturers in the past.

Our Thinking

Doing Business in Australia

Australia is an exceptional place in which to do business. Find out how we can help you develop your business in Australia.

They said the wrong thing, but it’s your website

What if your consumers are less than truthful, or breach intellectual property laws?

Protect your brand on the internet

Who is in charge on the internet? Mostly, it seems it’s the consumer. So how do you protect your brand when it’s in the hands of the consumer and the consumer is everywhere?

Australia should lead in counterfeit crackdown

The new Anti-counterfeiting Trade Agreement (ACTA) is the latest international effort aimed at combating the more than US$200 billion dollar global trade in counterfeit and pirated goods.

Do you have the tactical and strategic edge in litigation?

From time to time you will be faced with a step which is unusual and not generally taken by lawyers. But if followed in the appropriate way it can save the client considerable time and money.

Avoid social media folly: Seafolly v Madden case study and our top tips

What happens when a company vents their frustration about a competitor on Facebook? How does the law respond? Learnings from Seafolly v Madden.

Our Experts

David Smith.jpg

David Smith

Partner Melbourne +61 3 9672 3345
Eddie Scuderi.jpg

Eddie Scuderi

Partner Brisbane +61 7 3228 9319
Eugenia Kolivos.jpg

Eugenia Kolivos

Partner Sydney +61 2 9210 6316
Frances Wheelahan

Frances Wheelahan

Partner Melbourne +61 3 9672 3380
Jim Micallif.jpg

Jim Micallef

Special Counsel Sydney +61 2 9210 6714
Matt Swinn.jpg

Matthew Swinn

Partner Melbourne +61 3 9672 3155
Odette Gourley.jpg

Odette Gourley

Partner Sydney +61 2 9210 6066
Stephen Stern.jpg

Stephen Stern

Partner Melbourne +61 3 9672 3148
Tim Allen.jpg

Tim Allen

Partner Melbourne +61 3 9672 3242
Vanessa Mellis.jpg

Vanessa Mellis

Special Counsel Brisbane +61 7 3228 9409