Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200
   

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:

ACT  NSW  NT  QLD  SA  TAS  VIC  WA  

AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

Trademark Infridgment

 Post Reply Post Reply
Author
  Topic Search Topic Search  Topic Options Topic Options
kirstymw View Drop Down
Newbie
Newbie


Joined: 27/January/2014
Location: Australia
Posts: 15
  Quote kirstymw Quote  Post ReplyReply Direct Link To This Post Topic: Trademark Infridgment
    Posted: 03/September/2017 at 12:34
Hi All, I have a question about trademark infringement. I was apart of a label from 2003 onwards selling their product in my numerous stores. The owner of this fashion label closed their doors in 2014 to which after their trademark lapsed I registered it and took it internationally. I have had much success so far and a bit of publicity on numerous TV shows since 2014. I have been in the industry for over 10 years with another successful label that has been in operation the entire time.
In Dec 2014 and Feb 2015 when I was applying for the trademark I put out a statement on my website that this new trademark was coming to my brands and was going internationally. I started building social media awareness as well. Once it was approved as a mark I released all of my products to both the Australian market and US market (approx. Sept 2015). In May 2015 just after my media release another person went and registered the business name identical to my trademark. I reported it to ASIC however they said it was just a business name. I monitored her closely and she never traded it until this year where she has start publically advertising that she is the true and correct owner of the label and has been since 2001. I have successfully had her banned from selling platforms. I have a class 25 and class 3 she has just applied for a class 45 and 42. She is using those classes (not yet approved only in examination) to advertise her class 25 goods. Now I am aware of this as being a breach and I have just applied to boarder force to stop importation of goods (successful). I have also reported her to ACCC for impersonation and WA fair trading, IPAustralia, ATO any department that will listen to me. I have sent her numerous legal letters to cease and desist. What are my options to shut her down?
All my prove of association to the label:-
- Newspaper articles with details that my retail stores sold this label since 2003
- Previous owners are partially related to me also (distant and I have lost contact)
- Signage receipts from signs made with the label name on
- Trademark registration
- Importation of goods receipts
- All my publicity in the US
- Tradeshow attendance in the US with this label as an Australian Company

She has gone out and registered a mountain of domain names and as soon as I get one reported she starts another one. I own the main domain and I have someone creating my SEO now to build it.

Its starting to impact my contracts in the US as she is now contacting my clients (large department stores) with accusations that she is me and that I am falsely selling them products. While these companies don't really care about a 2 bit something from WA they have to investigate allegations. Its hard because all of my funds is funnelled in building and not going to court.

Any advice would be greatly appreciated please.

kirstymw View Drop Down
Newbie
Newbie


Joined: 27/January/2014
Location: Australia
Posts: 15
  Quote kirstymw Quote  Post ReplyReply Direct Link To This Post Posted: 03/September/2017 at 12:40
also not sure if it is relevant this person has registered around 15 -20 different business names since 2015 and keeps them active. This is noted on ABN lookup

DoogleMcFroogle View Drop Down
Senior Member
Senior Member
Avatar

Joined: 09/July/2013
Location: Australia
Posts: 114
  Quote DoogleMcFroogle Quote  Post ReplyReply Direct Link To This Post Posted: 04/September/2017 at 11:21
Get a Trademark Attorney.
Continue with Cease and Desist letters, and Notices of Objection with Border Force

kirstymw View Drop Down
Newbie
Newbie


Joined: 27/January/2014
Location: Australia
Posts: 15
  Quote kirstymw Quote  Post ReplyReply Direct Link To This Post Posted: 22/September/2017 at 22:28
Hi thank you I have been doing that and my lawyer is making good money from me each week.
I have had her shut down again on more platforms to which her friends went to my facebook page and abused me pubically for trademark bullying. She has since gone out and applied to register the exact same name as mine in the exact same categories except put fashion at the end of the brand name. This time she took her applications through the TM headstart application. Surely that is classified as being deceitful towards my mark?

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.