IP Partnership | Intellectual Property Specialists | QLD

Franchisors can be liable if Franchisees underpay staff

Mon, 10 Nov 2025 22:00:00 +0000

A recent ruling from the Full Court of the Federal Court in Australia is another reminder to Franchisors they can be held liable when franchisees underpay their employees.

Copycat packaging: could the ruling against Aldi upend copyright law?

Fri, 28 Mar 2025 00:00:00 +0000

Ever been to the supermarket and noticed that a product is packaged in a way that looks suspiciously similar to a product you’ve bought before? Well, thanks to a recent Federal court ruling, there will likely be less and less products on the shel

Fast Food & QSR Growth in 2024

Tue, 04 Mar 2025 03:00:00 +0000

Whether you are currently a franchisor or are thinking of becoming one, there is a lot of reason for optimism. Last year saw both major and emerging franchises expand their footprint throughout Australia.

BREWING COMPLIANCE: HOW FRANCHISOR GOT BURNED BY WORKPLACE VIOLATIONS

Thu, 13 Jun 2024 23:00:00 +0000

A recent contravention of the ‘Responsible Franchisor Entity Provisions’ by 85 Degrees highlighted the importance of risk avoidance for franchisors in administering workplace laws and regulations. In a landmark Court case, the Fair Work Ombuds

What the 2023 Unfair Contract Term Reforms means for your Franchise

Tue, 20 Feb 2024 05:00:00 +0000

The phrase, ‘Unfair contract terms’ is not new. Most of us are familiar with the implications of ‘unfair contract terms’ (UCT) when it was introduced in the context of standard form contracts. At the time, it was designed to hol

Lawyers to draft Employment Contracts

Mon, 22 Jan 2024 04:00:00 +0000

An Employment Agreement is a contract between an employer and an employee that sets out the terms and conditions of employment. :

What documents do you need when you start a Business?

Wed, 10 Jan 2024 02:00:00 +0000

Starting your own business can be a rewarding, yet challenging endeavor. Here at IP Partnership Lawyers, we are prepared to set your business up for success by curating legal documents that will simplify the start of your business. Below are some of the m

How to stop people from stealing your Brand

Tue, 05 Dec 2023 00:00:00 +0000

It is understandably frustrating when someone tries to copy your Intellectual Property (IP). In this blog we have outlined some key steps to both stop and prevent people from stealing your IP.

Matilda Djerf Cancelled Over Copyright Claim Catastrophe

Tue, 24 Oct 2023 23:00:00 +0000

The ‘OG’ fashion icon, Matilda Djerf, known for her laidback and “clean girl” aesthetic, has undoubtedly slayed her way as one of the most well-known influencers on the internet. Unsurprisingly, her fashion brand, Djerf Avenu

A sticky situation: How NZ lost trademark rights to Manuka Honey

Sat, 21 Oct 2023 23:00:00 +0000

Two countries have been in dispute over the use of the Manuka name. With New Zealand arguing it is an indigenous treasure, uniquely associated with its own honey production and Australia arguing that Manuka honey is simply honey from the Manuka tree.

X-posing Copyright Concerns: More troubles ahead of Elon Musk’s rebranded Twitter

Sun, 15 Oct 2023 23:00:00 +0000

Formerly known as Twitter, “X” under the new leadership of Elon Musk has had a rocky start with a loss of almost 50% of ad-revenue. Unfortunately for X Corp, more trouble seems to be on the horizon relating to their new app name and logo “X”. There are nearly 900 companies that own trademarks for variations of the letter “X”. So, it is not surprising that both opportunistic and legitimate plaintiffs will try to sue the multi-millionaire brand. X C...

Protect your Brand

Wed, 09 Aug 2023 22:30:00 +0000

Often, it is not until after launching a new business or new product that a business owner thinks about protecting their brand… and sometimes it can be too late.

Two Women, Two Dreams, One Name

Tue, 13 Jun 2023 01:00:00 +0000

In April earlier this year, pop music icon Katy Perry (Katheryn Elizabeth Hudson) found herself in the Australian Court System. The reason? She was being sued by Australian fashion designer Katie Taylor (known professionally as Katie Perry) over trademark

Let’s (Not) Get It On: A Win for Musicians – and Ed Sheeran fans – Everywhere

Mon, 22 May 2023 01:00:00 +0000

Not only are the titles of Marvin Gaye’s “Let’s Get It On” and Ed Sheeran’s “Thinking Out Loud” distinct, a jury at Manhattan Federal Court decided that the songs are different too.

How Mickey Mouse's Steamboat Willy is Sailing into Public Domain: Exploring the Copyright Conundrum

Wed, 05 Apr 2023 23:00:00 +0000

Exciting news for animation enthusiasts! The legendary 1928 short cartoon, Steamboat Willie, is finally entering the public domain on January 1st, 2024. For those who don't know, this is the iconic work that introduced the world to the beloved character,

What are the risks for Businesses who sell products?

Mon, 20 Mar 2023 23:00:00 +0000

The first and most important thing for any business who sells products is to ensure both the name of your Business is Trade Marked, and then ensure each of the product lines are protected by registered Trade Marks in each Country you are selling your prod

What to do when someone is using a brand similar to yours?

Mon, 20 Mar 2023 23:00:00 +0000

The first step is to have an Intellectual Property solicitor review the facts. That is, to review the name or logo being used by the competitor and your name and logo.

WHATS THE DIFFERENCE BETWEEN A SHARE SALE AND A BUSINESS SALE?

Mon, 20 Mar 2023 23:00:00 +0000

There are essentially two ways of selling a business.

IP Partnership run FITFEB for the Gold Coast community

Thu, 09 Mar 2023 23:00:00 +0000

In February 2023 IP Partnership Lawyers hosted the third annual FITFEB initiative. FITFEB, in collaboration with another business operated by IP Partnership called NETWORKOUT®, is a month of free wellness and fitness activities for the local business

IP Partnership and Sustainability

Thu, 09 Mar 2023 23:00:00 +0000

IP Partnership is an entirely paperless law firm, and where paper is unavoidably printed at our office it is shredded and discarded in a paper only recycling bin.

Top five reasons why you would need a Shareholders Agreement

Mon, 06 Feb 2023 23:00:00 +0000

As a business owner, you will want to ensure that you safeguard the money you provided initially, and the equity accrued. By establishing a shareholders’ agreement, the initial shareholders have the ability to retain the desired amount of control in

Ensure Trade Mark Protection For Your Newly Launched Business Or Product

Wed, 21 Dec 2022 01:00:00 +0000

When you think about it, your business name or your brand of products is perhaps the most valuable asset of your business. It is also important to engage expert Trade Mark lawyers to ensure that your name is not already owned by another business

Lawyers for a Business Purchase: IP Partnership are your commercial solicitors

Wed, 30 Nov 2022 03:00:00 +0000

When it comes to selling a business in Queensland, most lawyers will use the standard REIQ Business Contract. The standard terms are certainly acceptable; however it is important to ensure you have a solicitor prepare or review Special Conditions to en

Marketing Funds: ‘not merely minimal accounting information’

Tue, 22 Nov 2022 03:00:00 +0000

The Franchising Code of Conduct (‘the Code’) imposes onerous obligations on franchisors who operate a Marketing Fund. It’s important that franchisors are aware of their responsibilities and comply strictly to avoid breaching the Code and

Mariah Carey: The Unofficial ‘Queen of Christmas’

Fri, 18 Nov 2022 04:00:00 +0000

There is not a holiday season that goes by without hearing Mariah Carrey’s iconic 1994 hit, ‘All I want for Christmas is you’. It may be the unofficial anthem of the holiday season; however, the pop singer certainly is not the ‘Que

From the Franchising Law experts – The number one issue Franchisors have

Thu, 17 Nov 2022 04:00:00 +0000

Having acted for Franchisors since 1995, when it comes to stories about Franchisees, IP Partnership have heard it all. Everything from Franchisees shutting up their shops in the busy Christmas period and walking away from their businesses on New Years day

JIM’S GROUP IN THE DOGHOUSE FOR FAILING TO PROPERLY DISCLOSE FRANCHISEE CONTACT DETAILS AND PAST FRANCHISEES

Tue, 15 Nov 2022 04:00:00 +0000

Jim’s Group Pty Ltd has found itself in the cross hairs of the Australian Competition and Consumer Commissions (the ‘ACCC’) after being issued two infringement notices and $24,420.00 in penalties.

Patagonia’s re-structure paves the path for a better world

Sun, 18 Sep 2022 06:00:00 +0000

Patagonia’s founder, Yvon Chouinard has set an example in corporate leadership. The progressive, outdoorsy billionaire has recently taken a significant step in fighting the issues of climate change; by donating his entire company. 100% of company st

Elle Ferguson feeling the effect of Trade Mark controversy

Tue, 06 Sep 2022 00:00:00 +0000

Aussie influencer Elle Ferguson continues to find herself chock-a-blocked in controversy just weeks after her sudden departure from Channel Nine’s hit reality TV show, The Block. Despite her attempts to avoid public backlash by deleting negative com

YE’S GOT BEEF: COLLEGE DROPOUT BURGERS AND COPYRIGHT

Fri, 12 Aug 2022 00:00:00 +0000

College Dropout Burgers is a one-of-a-kind restaurant in Melbourne created by Mark Elkhouri as an homage to his all-time hero, Kanye West. Recently, Elkhouri has been dealing with beef both inside and outside of the restaurant. He was ecstatic when he not

Copyright Registration in Other Countries

Wed, 20 Jul 2022 23:00:00 +0000

As you’re probably already familiar, copyright is a type of intellectual property that protects how a person’s original idea(s) are communicated. These original ideas are communicated as ‘works’, which may be literary, dramatic, mu

A ROCKY “RHODE” FOR HAILEY BIEBER’S NEW SKINCARE LINE

Wed, 22 Jun 2022 22:00:00 +0000

If we were to ask you to name a celebrity that hasn’t launched their own beauty or skincare brand, it might prove more difficult than you might have initially realised. Hailey Rhode Bieber, the well-known model married to singer Justin Bieber, is the latest celebrity to join the rank of stars launching their own skincare lines this year. Mrs. Bieber is widely known to openly express her love for skincare with her first ever YouTube video ‘Skin Prep For Work’ that gained a w...

Top Gun: Maverick flies into Copyright Turbulence

Tue, 14 Jun 2022 05:00:00 +0000

Despite making an astounding $400 million USD in its global opening week, Paramount’s blockbuster film Top Gun: Maverick is experiencing some legal turbulence.

“MATERIAL GOWL”: THE INTELLECTUAL PROPERTY (IP) SIDE OF TIKTOK

Thu, 28 Apr 2022 04:00:00 +0000

Tiktok’s popularity increased substantially during the 2020 lockdown and continues to be THE platform that offers all types of content, from memes to cooking to dancing videos. Unsurprisingly, small-to-medium businesses and influencers alike have adopted and utilised the app to their advantage. Due to YouTube’s dominance in the video content space, the platform has published a numerous number of regulations around content use and Copyright infringement. This has, understandably, ...

“BRINGING THE METAVERSE TO LIFE”: THE POTENTIAL OF DIGITAL INTELLECTUAL PROPERTY (IP)

Thu, 28 Apr 2022 04:00:00 +0000

In late October 2021, Facebook made a huge announcement. That it was changing the company name to “Meta” or “Meta Platforms”. The reason was to refocus the company around bringing “the Metaverse to life”, declared CEO of Facebook Mark Zuckerberg. The term is essentially an idea of a virtual reality where users can buy land, building, create their own avatars and build their own virtual universe. Within the Metaverse, people can walk around, meet their frie...

TRADEMARK SQUATTING: IS THIS RELEVANT TO YOUR BUSINESS’S INTERNATIONAL GROWTH?

Tue, 08 Mar 2022 23:00:00 +0000

Trademark squatting, or bad faith Trademark filing, is essentially when a third-party files and registers a Trademark merely to sell it for a profit later to someone who actually needs it and/or wants to use it. The original applicant then faces enormous

GOOGLE ADWORDS: CAN YOU USE YOUR COMPETITOR’S TRADEMARK AS A GOOGLE KEYWORD?

Mon, 31 Jan 2022 05:00:00 +0000

Remember when our parents used to say, “I’ll search that on the Google”? Google has become a verb. We do not search something on “the Google” anymore, we “Google it”.

Bringing Joy this Christmas

Tue, 23 Nov 2021 06:00:00 +0000

Salvation Army Christmas Food & Gift Drive This Christmas, we are again supporting the Salvation Army Food & Gift Drive! We invite you to help us by contributing to those in need this Christmas. IP Partnership will be collecting gifts and non-perishable foods until 10 December. Please stop by our office and by donating food or gifts, we can all play a small part to ensure that fewer people go without this holiday season. Every contribution counts! Please see below list for ideas...

THE DEAL WITH MUSIC SAMPLING

Sun, 26 Sep 2021 23:00:00 +0000

Doja Cat’s 2021 hit song ‘Kiss Me More’ sounds familiar, right? You may or may not have been alive at the time but it’s because its melody comes from the 80’s hit popular song ‘Physical’ by Olivia Newton-John. Doe

Things getting a bit Uggly

Mon, 17 May 2021 05:00:00 +0000

There are around 296 registered trade Marks that include the word "Ugg" in Australia. In the land down under, the word UGG has become a generic term for those awesome boots we all cannot wait to put on as soon as winter arrives. As we know, generic terms are not eligible to be registered according to trade mark laws. You will not be permitted to own a registered Trade Mark for 'laptop' if you are a company that makes laptops (hence the reason Apple cleverly made up their own...

"Old Town Road" rapper starts an unholy row with "Satan Shoes"

Mon, 03 May 2021 17:00:00 +0000

The "Old Town Road" rapper Lil Nas X launched a controversial pair of "Satan Shoes" that contains a drop of real human blood, and 666 pairs of "Satan Shoes" were sold out in less than a minute. They were priced at $1,018.00 a pair, which is a reference to the Bible passage in Luke 10:18 reads, "I saw Satan fail like lightning from heaven". Hectic! MSCHF are the collective behind Lil Nas X, which is a quirky company Based in Brooklyn. It is known for...

The COVID-19 Trade Mark Influx

Sun, 28 Mar 2021 23:00:00 +0000

Trademarks are a fundamental part to the success of a company or business. Trademarks provide strategic protection of your brand and products. Unfortunately, simply registering a Business Name, Company Name or internet domain name does not provide any registered IP rights.

Although trademarking is not required, it comes with many great benefits such as it gives you the legal ownership in specific locations, legal recourse to stop other business using the same or similar name, exclusive right...

Mega consequences for breaches of the Code by MegaSave

Tue, 16 Mar 2021 03:00:00 +0000

Megasave Couriers Australia Pty Ltd is a franchised Australia-wide business found guilty of misleading franchisees. Megasave is a relatively new Franchise system, it registered as a company in 2018 and claimed to be 'the newest and fasted genuine courier franchise opportunity'.

The Australia Competition and Consumer Commission (ACCC) obtained a Federal Court order freezing the assets of sole director of Megasave, Gary Bourne and other entities operated by him in June 2020. These orde...

Molly & Ellen take the Q1 Stairs for LIVIN

Tue, 16 Mar 2021 00:00:00 +0000

We just wanted to take a moment to appreciate and congratulate Molly Flynn and Ellen Baker who ran the Q1 Stair Challenge last Sunday to raise money and awareness for LIVIN. LIVIN is all about breaking the stigma around mental health and their mission is to help promote wellness and positive living for young people through awareness and early education programs, as well as encouraging young people to be open and engage in conversation. Both Molly and Ellen did an amazing job and together rais...

Double C Mark - I see both Sides Like Chanel

Wed, 10 Mar 2021 22:00:00 +0000

Frank Ocean said he "sees both sides like Chanel". "See on both sides like Chanel" or is it "C on both sides like Chanel"? One thing we know for sure, that beautiful logo featuring the two "C's" facing two different directions is quintessential Chanel. People pay a lot of money to ensure their clutch has those C's on the front. After all, "the best things in life are free. The second best are very, very expensive" Coco Chanel. So i...

Fine Print Co Launches Vogue Print Collection

Wed, 24 Feb 2021 01:00:00 +0000

Franchisor Client, Fine Print Co has been featured in various publications after Vogue launches the Vogue Print Collection through Fineprint Co. Vogue is releasing more than 100 images including its covers as wall art. The imagery has been selected from Vogue Australia's archives by Edwina McCann, Vogue Australia's editor-inchief. ...

The Pickle between the Big Mac and the Big Jack

Tue, 16 Feb 2021 23:00:00 +0000

The world-renowned fast-food restaurant McDonald's' first franchise was opened on April 15th, 1955 in Des Plaines, Illinois. Since then, the global foodservice retailer has franchised and operated a total of 38,695 restaurants. In Australia, there is currently a public feud between McDonalds and their largest competitor, Hungry Jacks; which is basically Australia's version of Burger King. The dispute between the two international food franchises is over two competing burgers w...

Uber Trade Mark Removal Application Fails

Wed, 10 Feb 2021 23:00:00 +0000

Memory Lane Opening

Thu, 28 Jan 2021 04:00:00 +0000

Great clients doing great things! Congratulations to Shammi Prasad on the opening of his new bar in Broadbeach - Memory Lane.

Salvation Army Christmas Food & Gift Drive

Tue, 19 Jan 2021 23:00:00 +0000

Last Christmas we supported the Salvation Army Food & Gift Drive and collected gifts and non-perishable foods. We wanted to say a big thank you to everyone who contributed, we all know Christmas is a time for joy but for those doing it tough it is often challenging, heartbreaking and isolating. There is no better gift than the gift of giving and it was such a great initiative to be apart of. ...

ACCC Undertakings Allow Back In Motion Franchisees To Be Back In Motion

Thu, 10 Dec 2020 04:00:00 +0000

The Australian Competition & Consumer Commission 'ACCC' has yet again 'promoted competition, fair trading and regulating national infrastructure for the benefits of all Australians' as per their mandate. In this particular instance, the ACCC are enforcing the Franchising Code of Conduct and as Franchise Lawyers we find these decisions fascinating. For those of you not aware of the laws governing franchising in Australia, the Franchising Code is found within t...

Use it or Lose it Ferrari

Thu, 03 Dec 2020 23:00:00 +0000

Ferrari is no stranger to rivalries with other sports car manufacturers. In fact, Automobili Lamborghini was founded in May 1963 after Enzo Ferrari snubbed Ferruccio Lamborghini's mechanical recommendations on their road cars. Mind you, at tha

Kobe Bryant Lives on through Trade Marks

Tue, 17 Nov 2020 17:00:00 +0000

With the recent loss of this basketball GOAT on 26 January 2020, we would like to honour his on-court greatness by informing you of his off-court Intellectual Property. Many sports fans are aware of Kobe's awards and accomplishments that derive from the cross over ankle-breaking putting players on skates sport known as basketball. Not only did he have handle, but he got buckets as well. Ask any professional player who had the privilege to play with or against him, and ...

Eddie Van Halen ... Guitar Virtuoso and Intellectual Property Connoisseur

Wed, 07 Oct 2020 05:00:00 +0000

It comes with great sadness that Edward Lodewijk Van Halen lost his battle to cancer at the age of 65. However, he will live on through intellectual property rights. Most are aware of his great success as the lead guitar player in Van Halen. Van Halen reigned all over the rock and roll scene since the 1970s. In total with multiple musicians, Eddie and his brother Alex released 12 studio albums under the Van Halen machine.

Any self-professed rocker who denies crank...

Bravehearts' White Balloon Day

Mon, 14 Sep 2020 03:00:00 +0000

Bravehearts was founded in 1997 by Hetty Johnston AM following her young daughter's disclosure of sexual assault. Finding there was no organisation to turn to for help, Hetty established Bravehearts to provide advice and support to those affected by child sexual assault. Bravehearts provides industry-leading child protection training and education programs, specialist child sexual assault and exploitation counselling and support services, as well as engaging in research and lobbying. ...

Rosies Initiative

Sun, 30 Aug 2020 23:00:00 +0000

On 20 December 2019, our firm was proud to join together with MKW Legal to volunteer for a community initiative to help the homeless in our community. The initiative involved collecting and donating items such as personal hygiene and sanitation products and unperishable foods to Rosies. Since 1999, Rosies has been reaching out to those most in need, those who are abandoned, marginalised and socially isolated within our communities. We are grateful to Rosies for their continued g...

Free the Flag?

Fri, 21 Aug 2020 02:00:00 +0000

INDIGENOUS COMMUNITY CALL FOR HELP AMID ABORIGINAL FLAG COPYRIGHT ISSUES
The AFL and Indigenous community are outraged over WAM Clothing Pty Ltd owning the exclusive use of the Aboriginal flag design. There are widespread calls for the AFL and the Australian Government to protest a copyright ban that will see the Aboriginal flag missing from the AFL field during Sir Doug Nicholls Indigenous Round.

The Aboriginal flag has been widely used on the country's sporting fields, ca...

Booking.com US Trade Mark Case

Tue, 04 Aug 2020 23:00:00 +0000

United States Patent And Trademark Office, Et Al, Petitioners v Booking.Com B.V.
The world's leading digital travel company Booking.com has recently won a key legal trade mark case where the Court found "booking.com" was not a 'generic term' and could be a registered trade mark. The Booking.com case was the Supreme Court's first oral argument ever conducted via telephone, due to the coronavirus pandemic. With over 28 million website listings, it was important f...

Copyright Ownership of Musical Works in Joint Authorship at an International Scale

Thu, 07 May 2020 03:00:00 +0000

Musician's invest time, money and emotion into their musical works. A common trait arises with musicians, which is a lack of knowledge within the legal field and the avoidance of using lawyers to review or use contractual agreements. On occasion, disputes arise over who owns what rights in a song when multiple authors collaborate without a contract. These disagreements revolve around financial entitlements of the finished work based on the songs generated proceed...

ACCC give Geowash a big hose down

Mon, 10 Feb 2020 00:00:00 +0000

The ACCC have taken on another Franchisor! This time it was a car wash Franchise System operated by Geowash Pty Ltd. The director Sanam Ali and the franchising manager Charles Cameron, have been hosed out of business by the ACCC, following an investigation. They have been formally disqualified from managing corporations and ordered to pay $4.2 million in penalties. The ACCC take breaches of the Franchising Code of Conduct seriously and as is clear in the case of Geowash, they will not hesit...

Melbourne Street Art

Thu, 16 Jan 2020 23:50:00 +0000

But did you really visit Melbourne if you didn't snap an Instagram worthy photo at the iconic Hozier Lane?

Hozier Lane is just one location in Australia where tourists and locals alike can visit and view incredible street art at no cost. With over 1000 posts containing the hashtag '#hozierlane', this location has become a popular Instagram backdrop for many, however what people likely do not recognise is that street art is actually protected by copyright. Copyright protects the...

Gucci Gang, Gucci Gang, Gucci Gang GUESS?

Wed, 18 Dec 2019 00:00:00 +0000

In 2009 Gucci took Guess to a New York Federal Court accusing Guess of counterfeiting, unfair competition and trade mark infringement. The trade mark infringement related to the interlocking "G"s that appear on a line of Guess shoes, which Gucci argue confused customers and caused them to lose profits. In 2012, Gucci was awarded $4.7 million in damages for Guess' breach of its signatures, but the sum was far less than the $221 million claimed by Gucci. Following the success ...

USE MY FACE? NO THANK U, NEXT.

Wed, 11 Dec 2019 00:00:00 +0000

Did you know that in Australia there is no recognised right to your name or likeness for commercial purposes? This means that if someone decided to exploit your image or name without your consent, while you may be able to rely on defamation or passing off laws, your rights and remedies at law are ultimately limited. A classic example of this was the 1988 case of Honey, G. v Australian Airlines Ltd & Anor, in which Gary Honey was unsuccessful in a claim against Australian Airl...

ALL STRUNG OUT

Tue, 03 Dec 2019 23:00:00 +0000

Gibson will be Flying Very low for a while (pardon the pun) given the outcome of its most recent Trademark dispute. For those of you newbies to the world of Guitars, the Gibson Flying V is an electric guitar model introduced by Gibson in 1958. The model offered a "futuristic" body design which was a radical alternative to its counterparts at the time. You may have seen Jimmie Hendrix, Lenny Kravitz play the Flying V or more locally Aussie Rockers "Jet" ...