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A UK court awarded LVMH brands £213,000 in counterfeit damages, showing why brand owners must prove lost sales, royalties and reputational harm.
A common misunderstanding is that the bigger business, better-known brand or larger marketing budget must win. Trade mark law does not work that way.
If your trade mark is challenged for non-use, you may need to prove that the mark has actually been used, by the right entity, for the right goods or services, during the relevant period. That sounds simple. Recent trade mark decisions show it often is not.
Brand impersonation is no longer just a fake Facebook page or a dodgy website using a copied logo. It is now a serious brand, consumer protection and cyber risk.
Can you use a famous luxury brand in an artwork or decorative object and call it parody? Sometimes. Can you use that brand to market and sell products? That is much riskier. A recent French decision, Hermès v Le Bidon Français, shows where the line can be drawn.
Changing one letter does not always create a new brand. That is the key lesson from the recent Australian Trade Marks Office decision involving GHOST and GHXST.
Business name. Domain name. Trade Mark. They sound similar — but legally, they’re completely different.
AI tools are making it faster and cheaper than ever to create logos, brand assets and visual identities. But there is a catch: if your logo was generated by AI, copyright may not be the protection you think it is.
In an increasingly competitive world, your brand is one of your most valuable assets. A trade mark is more than just a logo or a name—it’s a powerful tool that protects your business and helps it grow.
