Companies enter war on IP enemies
Bag brand Crumpler led the charge, announcing last month it had successfully defended its designs against a copy cat trader.
The offending company - which Crumpler declined to name - had copied one of the brand's most popular bag designs [SUBS - BAG'S NAME TBC] and sold the rip-offs nationally.
Crumpler founder David Roper said the design had been registered with intellectual property body IP Australia, which rendered its defence straightforward.
Roper said over the years a number of companies, from well-known brands to promotional supplies agencies, had copied Crumpler designs, but the majority of cases had been settled before they reached the courts.
"A big reason why we are fairly persistent with defending our designs is the fact that our products are unique and very visible. If consumers start getting the impression that our stuff is everywhere it can seriously undermine the desirability of the product."
Furthermore, poor quality rip-offs eroded a brand's standing with consumers, he said.
However, while brand identity was a serious concern for any brand, some corporations took a heavy-handed approach to protecting it, claimed intellectual property lawyer Malcolm McBratney.
Last month saw McBratney - a partner at Queensland law firm McCullough Robertson - successfully taking on one of the world's biggest trademark bogeymen, global fast food giant McDonald's.
McBratney won the right to have his nickname "McBrat" appear as a registered trade mark on the shorts of the Brisbane Irish rugby team for whom he is a sponsor and was once a player, following a two-year battle against McDonald's.
McBratney said McDonald's had a history of using its might to squash legitimate brands both in Australia and around the world.
"I was in a privileged position in that I could act for myself but if I was a small fashion company it would have cost me tens of thousands of dollars."
The successful defence of the McBrat brand would allow McBratney to forge ahead with a range of McBrat clothing including cargo pants, shorts, polo and tee shirts.
Meanwhile another 'David and Goliath' trademark stand off unfolding in New Zealand between womenswear phenomenon Trelise Cooper and emerging designer Tamsin Cooper has highlighted the complexities of brand identity protection.
Tamsin Cooper's lawyers filed a statement of defence in Auckland's High Court in June in response to allegations by Trelise Cooper the former had infringed her trademark and breached the Fair Trading Act.
Tamsin's supporters claim the use of her own name is a legitimate defence, while Trelise's camp claims another New Zealand label bearing a similar names and catering to women may be detrimental to both brands.
Sydney designer jeans label Tsubi recently fell foul of a similar conflict, last month settling a dispute with US shoe label Tsubo, which registered its trademark in Australia two years before Tsubi did.
Under the terms of the settlement, Tsubi has been forced to change its name to Ksubi for the overseas market, but will keep its name in Australia.