Intellectual Property » Misleading Conduct & Passing Off

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

In addition, competitive misconduct is commonly carried out online, so identifying and locating online perpetrators is an ongoing challenge and requires solutions that carefully balance client needs for action with the potential for an over-aggressive approach to result in an online consumer back-lash, and the associated PR headache. Equally, increasing competition leads to the need for organisations to take an ever more aggressive approach to their own marketing efforts, whilst ensuring they don’t stray outside the law.

Corrs has the experience and expertise required to establish the right strategy for successful market-facing activities and to deal effectively with challenges to brand or reputation.

Our Experts

SMITHDavidWEB

David Smith

Partner Location Melbourne Profile
Eddie Scuderi.jpg

Eddie Scuderi

Partner Location Brisbane Profile
Eugenia Kolivos.jpg

Eugenia Kolivos

Partner Location Sydney Profile
Matt Swinn.jpg

Matthew Swinn

Partner Location Melbourne Profile
MELLISVanessa_2.jpg

Vanessa Mellis

Special Counsel Location Brisbane Profile
Odette Gourley.jpg

Odette Gourley

Partner Location Sydney Profile
Stephen Stern.jpg

Stephen Stern

Partner Location Melbourne Profile
ALLENTimWEB

Tim Allen

Partner Location Melbourne 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

Corrs in Brief: Is it time for an Australian Contracts Act?

Contract law forms one of the most important elements of any legal framework. It is therefore of the utmost importance that Australian contract law maximises the simplicity, efficiency and utility of market interactions for the benefit of all Austral

More

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

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.

Download

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.

Corrs in Brief: Is it time for an Australian Contracts Act?

Contract law forms one of the most important elements of any legal framework. It is therefore of the utmost importance that Australian contract law maximises the simplicity, efficiency and utility of market interactions for the benefit of all Austral

Our Experts

SMITHDavidWEB

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
Matt Swinn.jpg

Matthew Swinn

Partner Melbourne +61 3 9672 3155
MELLISVanessa_2.jpg

Vanessa Mellis

Special Counsel Brisbane +61 7 3228 9409
Odette Gourley.jpg

Odette Gourley

Partner Sydney +61 2 9210 6066
Stephen Stern.jpg

Stephen Stern

Partner Melbourne +61 3 9672 3148
ALLENTimWEB

Tim Allen

Partner Melbourne +61 3 9672 3242