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Trade Mark Litigation

When your trade mark is infringed, you need specialised IP lawyers who have experience in protecting and enforcing trade mark rights. 

EAGLEGATE is a leading, multi-award-winning, Australian firm who assists with all aspects of litigation including bringing a claims in the Federal Court. We guide you through every step of litigation to protect your legal rights as a trade mark owner and handle complex proceedings and negotiations.

Our Principal is a registered trade marks attorney and has been protecting trade marks and brands for over 10 years.

Our trade mark lawyers have run and won multiple brand infringement cases. With immense knowledge and expertise our litigators are prepared to handle all aspects of trade mark litigation -- whether the dispute involves gathering information for a trade mark infringement case, filing a trade mark strategically, representing our client in court, offering legal counsel during trial proceedings or mediation and dispute resolution.

We represent businesses of all sizes and from all industries. Whether you are a startup filing for critical, early-stage marks or an established business defending an established brand name, we can assist. We deliver what we promise.

Don’t just take our word for it. Browse through our testimonials to see what clients have to say about EAGLEGATE Lawyers.

What to do when your trade mark is infringed

Trade mark owners should take action immediately if they believe their marks are being infringed. 

Allowing infringers to continue can lead to misleading conduct and confusion in the industry and cause the infringer to believe they can continue the infringement. Therefore, it is important that when you detect a case of trade mark infringement, you engage trade mark lawyers and stop the infringer from using your mark and reputation.

As a first step we can assess the infringement and send a letter of demand to the infringer putting them on notice of the infringement. If the infringer doesn’t acknowledge the letter and continues using the trade mark, then we can demand compensation for the infringement and bring an action in Court for an injunction and to obtain damages or an account of profits from the infringement.

First steps in Trade Mark Infringement

The first step in a trade mark infringement matter is to analyse the use of the trade mark to determine if there is any trade mark infringement and whether any defences may apply. Our trade mark lawyers can investigate the infringement to obtain evidence of infringement.

Once evidence is obtained, the next stage is to send a cease and desist letter advising the other party of the infringement and warning against the continuation of infringement activities. We also set out demands which, if met, would settle the dispute. The demands should be fair and reasonable for the circumstances of the infringement.

If the matter does not settle then you should consider asking a Court to resolve the trade mark dispute.

Is your trade mark infringed?

If the answer is yes, contact us to help settle the dispute for you so that you can focus on the things you do best, i.e., running your business.


Over the last 10+ years our Principal has provided both preemptive and reactive advice to clients in all economic and legal positions. She has run and won numerous proceedings involving trade mark infringement proceedings. 

  • JBS Australia Pty Limited v Australian Meat Group Pty Ltd [2017] FCA 142 – and on appeal – Trade Mark Infringement
  • Majans v Registrar of Trade Marks – Appeal against refusal to register Trade Mark
  • Weller & Anor v Smith (No.2) [2016] FCCA 3267 and Weller & Anor v Smith [2016] FCCA 2822 – Trade Mark cancellation
  • Discount Drugstores Pty Ltd v Registrar of Trade Marks [2015] FCA 1159 – Appeal against refusal to register Trade Mark
  • Weller & Anor v Smith (No.2) [2016] FCCA 3267 and Weller & Anor v Smith [2016] FCCA 2822

Is your trade mark infringed?

Litigation and Trade Mark Enforcement Services

Rights Notification Letters

Rights notification letters put the other party on notice of your rights in your intellectual property rights. If they are properly drafted the letters can be relied upon later in respect of costs.

A trade mark rights notification letter should only put the other party on notice of your trade mark rights, but should not threaten court action.

You should always seek advice from a qualified professional before sending a rights notification letter to ensure you are not exposing yourself to a claim of groundless threats of infringement.

If your trade mark rights are being infringed, call EAGLEGATE today. Book a free initial consultation.

Cease and desist letters

The purpose of a well-drafted trade mark Cease and Desist Letter is to demonstrate to the other party that if you were to take the threatened legal action on the claims you outline, you would likely win the case and obtain a permanent injunction, and thus it should accept your demands.

The purpose is not to intimidate or scare the other party into submission but rather convince it of the strength of your case.

You should also only make demands that are reasonable in the circumstances. Care should be taken before sending a cease and desist letter as the Trade Marks Act contains provisions for threats of groundless threats.

If you think your TM rights are being infringed, call EAGLEGATE today.

Trademark Litigation

The purpose of starting a trade mark infringement case (a trade mark proceeding) is to have the infringer cease the use of the registered trade mark or a deceptively similar or substantially identical trade mark.

It can take time to convince a person to cease the TM infringement and some people will not cease actions unless ordered to do so by a Court. Unfortunately in those cases, a trader may have no choice but to start an infringement case against the other party. In the normal case, trade mark owners initiate the Court action but under the Trade Marks Act 1995, an authorised user may also take action. We can also help you assess trade mark damages, an account of profits, compensatory damages and any likelihood of an additional damages award.

Our solicitors have experience winning brand infringement cases.

We also have considerable experience in trade mark defence cases.

If you believe your IP rights are being infringed or you are accused of breach of brand rights, call EAGLEGATE today for a free initial consultation.

As expert trade mark lawyers in Brisbane, EAGLEGATE Lawyers understands the litigation process, trade mark law, trade mark cases and trade mark defences. We will guide you through the process of litigation, enforcing your rights or defending a claim of Trade Marks Act breaches and hold your hand, every step of the way.

Clients don’t buy our time, they buy our years of experience.

If you do not have a trade mark case, you may have a claim for misleading and deceptive conduct or passing off. These types of consumer claims often will go hand in hand with each other. Call EAGLEGATE Lawyers today for a free consultation.


EAGLEGATE’s founding Partner, Nicole Murdoch, is an Engineer, a registered Trade Marks Attorney and has over 10 years of industry experience in the IT industry. She has practised IP law for over 10 years. She aims to settle cases on commercially sensible and economic terms without having to proceed to court. She has obtained and conducted Anton Piller Searches to preserve evidence and successfully obtained rulings for clients to protect their rights. EAGLEGATE Lawyers can assist you to obtain an Injunction, Mareva Order, Freezing Orders, or other Court Orders to protect your rights.

Get in touch with us today for a free 30 minute consultation.