Expert Witness

Intellectual Property Expert Witness

Registered trademark
With over 20 years experience in providing Expert Witness in Intellectual Property in Sydney and Australia wide, our principal Paul Blanket has dealt with matters that have been heard in the Federal and Supreme Courts, as well as the Australian Trademarks Office. 

Paul has provided opinions as to the market ramifications of infringements by competitive organisations, in disputes involving such global brands as Qantas, Harry Potter, Kleenex and Kellogg’s.  

He has also provided expert opinion Australia wide in many marketing litigation matters, covering such areas as disputes over loss of profits and marketing negligence. 

Our services cover the total gamut of:

- briefing and on-going work with the legal team
- preparation of affidavits and statutory declarations
- court appearances.

Over the years, 90% of the organisations from whom we received a brief, either won or settled the matter favourably on behalf of their clients.
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We have prepared opinions in over 30 cases in such areas as:

  • Trade Practices Section 52/Section 18 infringements
  • Passing off
  • Trademark infringement
  • Copyright infringement
  • Professional negligence in marketing & communications
  • Marketing & communications disputes.

 Intellectual Property Expert Witness Case Studies

super league logo
ARL V SUPER LEAGUE: the most famous football battle off the field. Rugby League was never the same again.
Women running in nike shoes
NIKE: a company chose to launch Nike fragrance (the only problem was they owned the Nike Trademark in the fragrance category).
KELLOGG’S: what happens when a fruit juice company launches a kids product featuring a toucan?
Botox treatment in progress
BOTOX: the use of deceptively similar names by a variety of companies from beauty therapies to day spas.
Harry potter banner
HARRY POTTER: can a retailer brand extend into kid’s clothing using that famous name – their women’s wear name usage predated the launch of the book, movie and merchandise franchise?
Pioneer music system panel
PIONEER: what happens when a market morphs from a ‘computer industry’ to an ‘integrated communications industry’ and brands come into conflict?
Qantas logo
QANTAS: how close can a kangaroo logo come to the famous ‘flying kangaroo’ without infringing the well known trademark?
Automobile
BUDGET: is a travel company using the Budget name too close for comfort to the well known car rental organisation?
Tabasco logo
TABASCO: is a ‘hot’ design company’s use of the Tabasco name too close for comfort?
Ski drinking yogurt bottles
SKI: is a drinking yoghurt a drink or a food? Millions of dollars in taxes rested on that decision.
Canon dslr camera
CANON: would customers buying batteries, using derivatives of the Canon brand name, believe they were associated with the camera brand?
Statue in front of the building
CHIFLEY TOWER: can a retail/office tower own the name of an Australian Prime Minister, preventing a retail/hotel complex from opening?
delicious dish
SUNRICE: is an Asian cooking school being clever or deceptively similar to a famous rice brand?
Young women riding Harley Davidson
HARLEY DAVIDSON: is an operator who offers Harley rides & refreshments in a Harley restaurant riding roughshod over the famous bike brand?
Beats headphone
BEATS: can other sound equipment manufacturers create derivatives of the Beats name without treading on Dr Dre’s territory?
Collette dinnigan dress
COLLETTE DINNIGAN: what happens when a retailer of lady’s fashion accessories, brands her shops and merchandise 'Colette'. Would the average consumer think there is an association with the Australian fashion icon?
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