Question 1

What remedies are available for IP infringement?

Accepted Answer

Remedies include injunctions, account of profits or damages, additional flagrancy damages, delivery up and destruction of infringing goods, and costs.

Question 2

How quickly can you act on IP infringement?

Accepted Answer

In urgent cases we can prepare and file an injunction application within hours. The key is acting promptly — delay affects both the availability of urgent relief and how courts assess prejudice.

Question 3

Do I need a registered trade mark to take action?

Accepted Answer

No. If your mark is not registered you may still have claims in passing off and under the Australian Consumer Law. However, registered trade mark rights are stronger and easier to enforce.

Question 4

What does IP litigation cost?

Accepted Answer

Costs depend on complexity, the other party's conduct, and the stage at which it resolves. EAGLEGATE provides transparent cost estimates at each stage — and most IP disputes resolve before a full hearing.

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