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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
Trade Mark owners must take care before making allegations of infringement or otherwise threatening legal proceedings against a competitor’s use of a trade mark. The Trade Marks Act 1995 (Cth) (the Act) has always included a prohibition against the making of unjustified threats of infringement proceedings. However, the issue has now become a little more