Brand Protection Disputes Lawyers Brisbane
Brand protection disputes arise when a competitor copies, imitates, or misappropriates a business’s brand identity. EAGLEGATE advises businesses and brand owners on the full range of brand protection disputes — registered and unregistered — across Brisbane and Queensland.
A brand is the commercial shorthand for everything a business has built — the quality of its products, the trust of its customers, and the reputation it has earned in the market. When a competitor copies that brand — through a similar name, a confusingly similar logo, a near-identical product get-up, or misleading advertising — the harm is real and commercial: customers are confused, sales are diverted, and the distinctive identity the business has built is diluted. EAGLEGATE advises businesses and brand owners on the full range of brand protection disputes — registered and unregistered — across Brisbane and Queensland.
Nicole Murdoch is a registered trade marks attorney and Fellow of the Institute of Patent and Trade Marks Attorneys of Australia (FIPTA). EAGLEGATE is recognised in Doyle’s Guide as Leading for Intellectual Property in Queensland in 2026 and has been Recommended since 2020. EAGLEGATE advises on brand protection disputes from IP Australia proceedings through to Federal Court litigation — with registered attorney expertise and commercial litigation capability in the same practice.
A brand that is not defended is a brand that competitors can copy without consequence.
Our Expertise
Key Brand Protection Disputes Expertise — Protect, Enforce, Recover
EAGLEGATE is Doyle’s Guide-recognised for Intellectual Property in Queensland — Recommended 2020–2025, Leading 2026. Nicole Murdoch is a registered trade marks attorney and Fellow of the Institute of Patent and Trade Marks Attorneys of Australia (FIPTA).
Registered Trade Mark Infringement
Where a business has registered its brand as a trade mark under the Trade Marks Act 1995 (Cth), brand protection enforcement begins with infringement proceedings. Section 120 of the Act sets out three forms of infringement: use of a substantially identical or deceptively similar sign in relation to the goods or services for which the mark is registered (s 120(1)); use in relation to goods or services of the same description as, or closely related to, those registered — subject to a defence where the use is not likely to deceive or cause confusion (s 120(2)); and, where the mark is well known in Australia, use in relation to unrelated goods or services where the sign would be likely to indicate a connection with the registered owner (s 120(3)). EAGLEGATE advises on infringement strategy, cease and desist demands, and Federal Court infringement proceedings.
IP Australia Opposition and Cancellation
Where a competitor has filed or registered a conflicting trade mark, IP Australia proceedings are available — opposition (within the two-month window after acceptance) or cancellation through the Federal Court (where the mark has already been registered). Grounds for opposition and cancellation include prior confusingly similar marks (section 44 of the Trade Marks Act 1995 (Cth), reputation (section 60), bad faith (section 62A), and non-ownership (section 58).
Passing Off
Where a brand has not been registered or where registration does not cover the specific market segment, passing off is available to protect established goodwill in the brand identity. Passing off requires establishment of goodwill, a misrepresentation, and damage — each of which requires evidence. EAGLEGATE advises on passing off claims and the evidence base required to establish them.
Australian Consumer Law — Misleading and Deceptive Conduct
Section 18 of the Australian Consumer Law provides the broadest brand protection remedy available — applicable to any conduct in trade or commerce that is misleading or deceptive, regardless of whether the plaintiff has a registered trade mark. EAGLEGATE pursues misleading conduct claims alongside registered mark infringement and passing off claims where the conduct supports all three.
Urgent Injunctions for Brand Infringement
Where brand infringement is causing immediate commercial harm — through ongoing confusing use of a similar mark, through infringing advertising, or through infringing product sales — an urgent interlocutory injunction can stop the conduct immediately, pending resolution of the underlying dispute. EAGLEGATE applies for urgent injunctions where the commercial circumstances require immediate court intervention.
Domain Names and Online Brand Protection
Brand protection disputes in digital contexts include: competitors registering domain names incorporating the brand; impersonation on social media and digital platforms; and online advertising using a protected trade mark. EAGLEGATE advises on online brand protection disputes and domain name recovery proceedings.
Our Approach
1. Assess the Brand Rights
We assess the full range of brand rights available — registered and unregistered — and advise on the most commercially effective enforcement strategy for the specific dispute.
2. Select the Forum
We advise on whether the dispute is best addressed through IP Australia proceedings (for registered marks), Federal Court proceedings (for infringement, passing off, or misleading conduct), or a combination of both.
3. Act Precisely
We pursue brand protection disputes with precision — through well-founded cease and desist demands, urgency applications where required, and sustained IP Australia or Federal Court proceedings where the dispute demands it.
4. Commercial Resolution
Many brand protection disputes resolve through a coexistence agreement, an undertaking, or a licence arrangement. EAGLEGATE pursues commercial resolution wherever it is achievable more efficiently than full litigation.
Why Choose EAGLEGATE
Registered Trade Marks Attorney and Litigation Capability — One Firm
The combination of Nicole Murdoch’s registered trade marks attorney credential and EAGLEGATE’s Federal Court litigation capability means brand protection disputes — from IP Australia through to Federal Court — are handled in a single, integrated practice. This is a genuine competitive advantage for clients whose brand protection requires both.
Doyle's Leading IP — Queensland 2026 — Recommended Since 2020
EAGLEGATE is Doyle’s Guide Leading for Intellectual Property in Queensland in 2026 and is recommended from 2020-2025. Leading is the highest recognition tier in the Doyle’s Guide — and reflects the depth of EAGLEGATE’s IP practice across brand protection, enforcement, and litigation.
Full Spectrum Brand Protection
Brand protection disputes engage trade mark law, passing off, consumer law, and sometimes copyright. EAGLEGATE advises across all of these disciplines in an integrated practice — ensuring every available claim is identified and pursued.
Federal Court Capability in Brisbane
We act in Federal Court brand protection proceedings in Brisbane and across Australia.
Our Insights
- How do I protect my business brand?
Brand protection uses a combination of registration and legal enforcement. Registering a trade mark under the Trade Marks Act 1995 (Cth) provides the strongest protection — a registered right that can be enforced without needing to establish goodwill by evidence. Where registration has not been obtained, the common law tort of passing off and section 18 of the Australian Consumer Law may be available where the brand has established goodwill.
- What legal rights do I have if my brand is copied?
If you have a registered trade mark — infringement proceedings under section 120 of the Trade Marks Act 1995 (Cth). If your mark is unregistered but you have established goodwill — passing off. In both cases — misleading and deceptive conduct proceedings under section 18 of the Australian Consumer Law. All three can be pursued simultaneously where the facts support them.
- Can I protect my brand without a registered trade mark?
Yes, through the common law tort of passing off and the Australian Consumer Law misleading conduct prohibition. However, registered trade mark protection is considerably stronger — it does not require proving goodwill by evidence, and it provides a statutory basis for opposition to conflicting marks at IP Australia. EAGLEGATE advises on registration strategy alongside enforcement of unregistered rights.
- Can I obtain an injunction to stop brand misuse?
Yes. An interlocutory injunction is available to restrain ongoing brand infringement where there is a serious question to be tried and the balance of convenience favours relief. An urgent application can be made where the infringement is causing immediate commercial harm. EAGLEGATE applies for urgent injunctions in brand protection disputes where the circumstances require immediate court intervention.
- When should legal advice be obtained?
On becoming aware of any conduct that is confusingly similar to your brand — including a competitor’s trade mark filing, advertising campaign, or product launch. Where the two-month opposition window has been triggered, legal advice should be sought immediately. Where infringement is ongoing, the case for urgent relief depends on the promptness of the response.
General information only. Not legal advice. For advice specific to your situation, contact EAGLEGATE Lawyers.