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A recent German decision involving Cologne Cathedral shows why the answer depends on how consumers perceive the sign. A landmark name may function simply as a theme or description, while a distinctive shape, logo or other brand asset may be capable of identifying a commercial source.
Your trade mark registration may not protect as much as you think. Recent Australian and New Zealand decisions show how easily protection can narrow when logos change, product ranges evolve or registered services are not actually being used. For established businesses, regular trade mark portfolio reviews can be just as important as registration itself.
In patent disputes, a few words can make all the difference. A recent Federal Court decision involving Pfizer and Samsung Bioepis shows how claim construction can determine both infringement and validity. It is a timely reminder that strong patent drafting is a balancing act between securing commercially useful protection and keeping the claims defensible.
Trade mark risk does not stop at names and logos. Adidas Australia's Federal Court proceedings against White Fox Boutique are a timely reminder that stripes, patterns, shapes and product features can also function as valuable brand assets. For fashion businesses, that makes visual clearance just as important as checking the name on the label.
A US$5.7 billion patent verdict against Apple is a sharp reminder that even one feature inside a complex product can create enormous patent exposure. The Taptic Engine dispute also highlights a point technology businesses often overlook: owning a patent does not necessarily mean you are free to commercialise the product. Patentability and freedom to operate are different questions.
AI can now clone a face or voice in seconds. The law is starting to catch up. From Denmark and the US to the EU, Spain and Australia, governments are developing new protections around deepfakes, digital replicas and AI-generated likenesses. For businesses, the message is increasingly clear: technical ability to recreate someone does not mean you have the legal right to use the result.
Wi-Fi may be just one feature of your product, but it can bring a much bigger patent issue with it. The Huawei-HP cross-licensing deal is a timely reminder that connected products can rely on standard-essential patents, creating licensing and freedom-to-operate risks that manufacturers may overlook until launch or export.
Saudi Arabia has joined the Madrid System, meaning five of the six GCC countries are now covered. We look at what this means for businesses seeking trade mark protection across the Gulf region.
Can AI imitate an artist without infringing their rights? A new US lawsuit involving Jason Isbell and other musicians puts that question squarely in focus. As generative AI becomes better at recreating recognisable voices, styles and personas, creators may need to look beyond copyright and think more broadly about protecting their name, reputation and commercial identity.
