Legal Question in Intellectual Property in Australia
Request for representation
Five years ago we registered the name of a famous American toy collectable in Australia. We have kept the registration up to date. This product has been manufactured and distributed throught North American & Europe. This company has recently commenced distributing this item in Australia without our permission. We are seeking representation to protect this name.
3 Answers from Attorneys
Re: Request for representation
I was going to recommend that you contact Australian counsel, and I see that Steve White (whom I know) has already communicated that same advice. You should contact Steve or someone like him. Best wishes,
LDWG
Re: Request for representation
If you have not used the trade mark in Australia, another party may apply to have it struck off the trade mark register.
A good start point for information abouts your rights as a trade mark owner is the IP Australia site www.ipaustralia.gov.au .
If we can be of further assistance, we would be happy to provide a quote for any work that needs to be done. Our firm specialises in IT and intellectual property law and represent many US clients in trade mark matters.
Re: Request for representation
I take it you are looking for Australian trademark counsel to help you fend off the introduction of the original American toy collectible to Australia in competition with your copies. As an American, I hope you are unsuccessful, but I will suggest you contact Freehills law firm (http://www.freehills.com.au/4A25682300141146/HomePage?OpenForm&1=Home~&2=~&3=~&GUIDE) which is large enought to perhaps fight off the American onslaught if you have a bunch of money and are legitimate in your adoption of the name, which seems from your email to be somewhat unlikely.