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Harness collective creativity through systematic IP capture; create lasting value from organisational innovation

Ignite Your Imagination

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<h2 style="white-space:pre-line">Our Purpose - Fostering Innovation </h2>
<p>We partner with entrepreneurs and innovators to build systematic innovation processes that capture valuable IP, protect competitive advantages, and create scalable asset portfolios for sustainable business growth. We specialise in empowering businesses through strategic IP management and groundbreaking innovation solutions. </p>
<p style="text-align:justify">Whether you're a startup or an established corporation, Imagine-IP is committed to providing organisation embedded strategies that align with your business goals and industry demands.</p>

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Services

Enhance your competitive edge with customised innovation and IP consultancy services tailored for your business.

Strengthen Your Innovation Engine

Navigate the complexities of intellectual property with tailored strategies for maximum impact.

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Strategic IP Consultation

Empower your team with creative techniques and insights to drive impactful innovations.

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Innovation Development Workshops

Optimize and protect your patent assets effectively with our expert management services.

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Patent Portfolio Management

Recent blog posts

Recent Blog Posts

2025 IP Australia Annual Report Breakdown: What the Numbers Really Tell Us

<h3>Background</h3><figure id="figure-ku3s842a4mcgyced2" class=""><figure id="figure-au2pr3qwmmmck8pfur" class=""><iframe id="au2pr3qwmmmck8pfur" src="https://www.youtube.com/embed/aqaRXxNXveQ" class="w-full bg-gray-100 " style="aspect-ratio: 16/9;" allowfullscreen="" data-url="https://youtu.be/aqaRXxNXveQ" data-corners="default" data-fullwidth="false" data-mce-src="https://www.youtube.com/embed/aqaRXxNXveQ" data-mce-style="aspect-ratio: 16/9;"></iframe></figure></figure><h3>🎯 Precision in Trade Mark Specifications is Critical</h3><p>The court ruled that “clothes” did not include “footwear” or “headgear” 👟🧢 under trade mark law, as these are not commonly considered part of “clothes” in everyday or trade usage.</p><p>This narrow scope reflected the applicant’s choice to list only “clothes” rather than broader class terms.</p><p><strong>🔍 Lessons:</strong></p><p>✅ Ensure trade mark applications clearly cover all relevant goods/services, using both dictionary definitions and industry norms.<br>⚠️ Be cautious—too narrow a scope can create gaps in protection.</p><h3>🤝 Joint Tortfeasorship: Control and Involvement Matter</h3><p>To be liable as a joint tortfeasor, there must be proof of common design or active cooperation—not just licensing.</p><p>Katy Perry’s company (Kitty Purry) and Ms. Perry herself were both liable due to their active roles in promoting and approving infringing products.</p><p><strong>🔍 Lessons:</strong></p><p>📋 Document and monitor the extent of involvement by licensees or third parties in using your trade mark.<br>🚨 Direct involvement (e.g. promotion, approvals) can result in legal exposure for both companies and their officers.</p><h3>🆔 Defences: “Own Name” and “Good Faith” Use</h3><p>The “own name” defence is only available to individuals, not companies or joint tortfeasors.</p><p>Ms. Perry succeeded in using this defence because her use was in good faith and preceded the other party’s business.</p><p><strong>🔍 Lessons:</strong></p><p>✅ Any personal name use must be genuine and in good faith, backed by evidence like timing and lack of confusion.</p><h3>⚖️ Honest Concurrent Use and Trade Mark Strategy</h3><p>Ms. Perry’s claim for “honest concurrent use” failed because she knew about the conflicting mark and there was an active dispute when she applied.</p><p><strong>🔍 Lessons:</strong></p><p>🚫 Don’t rely solely on honest concurrent use—especially if you’re aware of existing rights.<br>🕰️ Early, clear, and documented use with minimal confusion strengthens your position.</p><h3>📉 Risk Management and Enforcement</h3><p>Ms. Perry’s team took a “calculated risk” by continuing to sell merchandise under her name despite knowing of the conflicting trade mark.</p><p><strong>🔍 Lessons:</strong></p><p>📊 Assess risks and document potential issues before launching products.<br>📢 Share clear legal advice and risk mitigation strategies across teams.</p><h3>🗂️ Rectification and Removal of Trade Marks</h3><p>The court cancelled Ms. Taylor’s mark, correcting the register based on a proper interpretation of scope and case merits.</p><p><strong>🔍 Lessons:</strong></p><p>🧾 Keep strong documentation to challenge or defend marks.<br>🧠 Make informed decisions on filing, opposition, or cancellation, with a clear view of the legal landscape.</p>

Australian Full Federal Court Decision - Killer Queen, LLC v Taylor

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<h3>Protect Your Innovations Today</h3>
<p>Want to transform your innovative ideas into protected, valuable assets? Our expert IP consultancy helps entrepreneurs safeguard their intellectual property and maintain competitive advantage. Reach out today to explore how we can secure your innovations.</p>

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Ignite Your Imagination

Our Purpose - Fostering Innovation

Strengthen Your Innovation Engine

Recent Blog Posts

2025 IP Australia Annual Report Breakdown: What the Numbe...

Australian Full Federal Court Decision - Killer Queen, LL...

Protect Your Innovations Today