We are Melbourne’s expert intellectual property and trade mark lawyers and can solve all of your IP or trade mark issues. Call us for fast turn-arounds, fixed fees, and advice and documentation that is simple, direct and effective.
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Clearance searches, registrations, oppositions, disputes
Licences, assignments, royalties, royalty withholding advice, terms & conditions
Confidentiality Agreements, NDAs, Non-Compete Agreements
Publishing agreements, assignments, licenses, moral rights consents,
Trade mark infringement, breach of copyright, IP contract disputes, misuse of confidential information
We are a leading boutique commercial law firm based in Melbourne. Our lawyers are commercial law specialists, with many years of experience both in private practice and as in-house counsel for local corporate groups and international businesses.
We understand commercial pressures and timeframes, and deliver legal solutions on time
We dedicate ourselves to producing legal work of the highest calibre. We are sticklers for detail
We’re specialist professionals, with extensive legal experience
Contact us for a free initial meeting with one of our expert lawyers
When you work with us, you’re in good company
A trade mark is a distinctive word, logo, or symbol that uniquely identifies your business, products, or services. It provides legal protection against unauthorised use by others, helping to safeguard your brand's reputation and value. While common law rights arise automatically through use in Australia, registering your trade mark with IP Australia offers stronger, nationwide protection that’s easier to enforce. We can conduct clearance searches to avoid conflicts and guide you through a streamlined registration process.
Protection starts with proactive steps like conducting thorough clearance searches to identify potential conflicts before launch. If infringement occurs – such as a competitor using a confusingly similar mark – you can rely on statutory claims under the Trade Marks Act, passing off, or Australian Consumer Law. We advise on sending a formal letter of demand to resolve issues swiftly, escalating to Federal Court proceedings if needed to secure injunctions, damages, or profits.
You may have rights under trademark infringement and “passing off”. A claim under the Australian Consumer Law could also be possible. Sometimes a legal letter of demand will do the trick. If not, a more comprehensive legal strategy might be needed including legal proceedings in the Federal Court, if there is enough at stake.
You may have rights under trademark infringement and “passing off”. A claim under the Australian Consumer Law could also be possible. Sometimes a legal letter of demand will do the trick. If not, a more comprehensive legal strategy might be needed including legal proceedings in the Federal Court, if there is enough at stake.
We handle the full spectrum: from drafting IP licences, assignments, and royalty arrangements to resolving disputes via negotiation, opposition proceedings, or litigation. Our approach emphasises fixed-fee options for predictability, rapid responses to urgent matters, and precise documentation that withstands scrutiny. With our background in private practice and in-house roles, we deliver commercially astute solutions that protect your IP while supporting growth. Book a free initial consultation to discuss your needs.
When someone creates something original, copyright law allows the creator to control how that copyright material is used. Examples of copyright material include books, songs, sound recordings, artworks and even software code.
The best way is to enter into a copyright contract. You could either sell your copyright outright (usually called a transfer or assignment of copyright), or you could give permission to use the copyright for a limited time, and in certain territories or markets (under a copyright licence).
A common first step is to send a legal letter. If the unauthorised use continues, you could consider legal proceedings. As with breaches of other intellectual property, misuse of your copyright material could give you a right to compensation for your loss, and you could even claim the profits made by the person who used your material without permission.
Copyright automatically protects original works like software, designs, marketing materials, or content upon creation – no registration required. It grants exclusive rights to reproduce, distribute, and adapt your work. To monetise or transfer these rights, use assignment or licensing agreements. If someone infringes, we can issue cease-and-desist letters or pursue remedies like damages or account of profits through court. Our advice focuses on practical contracts that align with your business goals.
Sometimes a business can own valuable know-how or sensitive information, but which cannot be protected under trade mark law, patent, copyright or other intellectual property rights. A business could still protect this know-how or information by keeping it secret. They key is to have a rock-solid confidentiality agreement (sometimes called an “NDA” on “non-disclosure agreement”). Then always make sure that anyone that receives the secret information first signs the confidentiality agreement. Failing to do this could mean that the confidentiality is lost, and the information is no longer protected.
Trade secrets – such as recipes, client lists, or proprietary processes – derive their value from secrecy. A well-drafted confidentiality agreement (or NDA) is essential, outlining what information is protected, how it can be used, and consequences for breach. These should be signed before any sensitive disclosures to third parties. Without them, protection can evaporate. We prepare robust NDAs tailored to your commercial needs, ensuring enforceability while minimising restrictions on legitimate business dealings.
