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. If you have a registered Trade Mark this will be of great significance for you, however you still may have a claim based on your extended use of your brand (albeit not under Trade Mark infringement, but under Australian Consumer Law and the tort of Passing Off).
A solicitor with an understanding of Intellectual Property law will advise you as to whether the brands are substantially identical or deceptively similar, this advice is important before preparing a Cease and Desist Letter. The solicitor will also advise as to any applicable defences available to the other side, which include, for example, where part of the name is the descriptive component of a brand, rather than the identifying feature.
Finally, the Intellectual Property solicitor will be in a position to prepare a carefully worded Cease and Desist letter, setting out examples of your use of the Brand and the competitors infringing use of the Brand. If the infringing party continues to use the brand and ignores the cease and desist letter, or provides an unfavourable response, you may have grounds to file a claim in the Federal Court for Trade Mark infringement for remedies including (for example) an injunction which stops the other side using the similar brand, an account of profits or a monetary amount reflecting your loss and damages.
Is someone using a brand similar to yours?
Contact an Intellectual Property solicitor at IP Partnership Lawyers today.
