Minter Ellison's popular report on the fundamentals of doing business in Australia.
We advise some of Australia’s largest companies on their strategies for launching new brands and protecting their existing brands. Our clients come from a range of industries, including food, wine, household products, luxury goods, apparel, pharmaceuticals, insurance, financial services, aviation, print and broadcast media and telecommunications. We review new brands and work with our clients’ marketing and management teams on advertising strategies, clearing product performance claims, reviewing competitors' conduct and defending challenges. Our high-level technical knowledge of Australian consumer laws is complemented by many years of experience working with complex businesses and brands. Clients rely on us to advise them on the legal risks associated with marketing offers, promotions and strategic re-branding, and we balance this with clients’ objectives of achieving differentiation and motivation. If disputes arise, our specialist IP litigators can readily step in to protect our clients’ brands, by seeking urgent interlocutory relief, initiating or defending proceedings. Minter Ellison’s extensive capabilities in large-scale litigation mean our clients benefit from efficiency and speed when disputes arise.
A recent decision in the Full Federal Court has shown that while manufacturers are generally free to make goods according to a design that is not registered, care must be taken to ensure that those products are branded in a way that distinguishes them from the market leader.