As a business, your brand is arguably your most valuable asset. It’s how you communicate with your customers, suppliers and other stakeholders. It’s how you distinguish yourself from your competitors. Brands encompass a broad range of distinctive signs including your business name, a product name, a logo, a colour, shape or perhaps a memorable tag-line.
Last year UNIQUE reported on a Federal Court decision having significant ramifications for trade mark owners who structure their IP arrangements by housing their IP assets in a separate entity from their trading entity. Benefits of these structuring arrangements include asset protection (e.g. insulating valuable IP assets from potential disgruntled creditors) and tax (e.g. sharing
A recent Australian Federal Court decision involving the Hells Angels Motorcycle Corporation of the United States and its efforts, via its Australian chapter, to enforce its intellectual property rights naturally grabbed my attention. Yes, I can hear you now: What, the Hells Angels is a corporate entity with an IP enforcement policy? Yep, but the
In the context of a recent presentation I delivered on IP issues in M&A transactions I had cause to reflect on the disproportionately high value attributed to IP Assets compared to that attributed to physical assets. Put simply, the enterprise value of most enterprises is heavily weighted in favour of their IP Assets. Plant and
Encouraging news for Australian brand owners in China. Much has been written about Trade Mark strategies for Australian businesses protecting their brands in China and combatting infringement in that country. This case represents an interesting spin on the enforcement of Australian brands against would-be exporters of counterfeited goods to China. Quite frankly, it’s cause for