Trade Mark Infringement Lawyer Brisbane
Your trade mark is one of your most valuable business assets. EAGLEGATE’s registered trade marks attorney acts in infringement proceedings and Federal Court litigation across Brisbane, Queensland and Australia.
Your trade mark is one of your most valuable business assets. When a competitor uses the same or a deceptively similar mark on the same or similar goods or services, as a sign and no defences apply, that is trade mark infringement under the Trade Marks Act 1995 (Cth). EAGLEGATE acts for trade mark owners across Brisbane and Queensland in infringement proceedings, enforcement actions and Federal Court litigation.
As registered trade marks attorneys and experienced commercial litigators, we deliver a combination of technical registration expertise and enforcement capability that most law firms cannot offer.
Your brand took years to build. We protect it with precision.
Our Expertise
Infringement Proceedings
Acting for trade mark owners in Federal Court infringement proceedings under section 120 of the Trade Marks Act 1995 (Cth). We assess whether the infringing sign is substantially identical with, or deceptively similar to, your registered mark — and build a case focused on the remedies that matter most to you.
Urgent Injunctions
Where infringement is ongoing — a product launch is days away, goods are already in market, or online infringement is active — we apply for urgent interlocutory injunctions to stop the conduct immediately. Courts can grant these on short notice where the evidence is strong.
Cease and Desist
A strategically drafted cease and desist notice is often the fastest and most cost-effective path to resolution. EAGLEGATE’s notices are legally precise and commercially firm — positioned to achieve compliance or to lay a strong foundation for proceedings if the infringer does not respond.
For the full enforcement pathway see our IP Enforcement & Cease and Desist page.
Passing Off & Australian Consumer Law
We pursue claims in passing off and under section 18 of the Australian Consumer Law for misleading and deceptive conduct. These claims frequently run alongside registered trade mark proceedings.
Defence of Infringement Claims
If you have received a cease and desist or are facing infringement proceedings, seek legal advice immediately. Defences are available — including honest concurrent use, prior use, and challenges to the validity or scope of the mark. EAGLEGATE advises respondents with the same directness we bring to enforcement.
Trade Mark Opposition & Removal
Acting in IP Australia opposition proceedings and removal actions — opposing registration of marks that conflict with yours, or seeking cancellation of marks registered without genuine use.
Our Approach to Trade Mark Litigation
Assess the Infringement
We review your registration, the infringing sign, and the evidence of use. You receive a direct assessment of whether infringement is established and what remedies are available.
Issue a Demand
A well-positioned cease and desist is usually the first step. We draft notices that are taken seriously — and that set up strong proceedings if compliance is not forthcoming.
Apply for Urgent Relief
Where infringement is causing escalating harm, we move immediately to court for interlocutory injunctions. Speed matters — delay can prejudice your entitlement to relief.
Run the Proceeding
Where litigation is required, we prepare evidence, manage discovery, and appear in Federal Court proceedings. We pursue damages or account of profits depending on which better reflects the harm caused.
Resolve
Most trade mark disputes settle before final hearing. We position your case to achieve a favourable resolution — injunctions, undertakings, compensation — with costs proportionate to the outcome.
Why EAGLEGATE
- Registered Trade Mark Attorney — Principal Nicole Murdoch is a Fellow of The Institute of Patent and Trade Marks Attorneys of Australia (FIPTA) and a registered trade marks attorney. That dual credential — registration expertise combined with litigation capability — is rare in Brisbane.
- Doyle’s Guide-recognised 2020–2026 — Seven consecutive years of recognition as a Recommended Intellectual Property Lawyer in Queensland — a record of sustained expertise and client outcomes across trade mark enforcement and litigation.
- Deep Technical Knowledge — Our understanding of brand strategy, product markets and digital distribution gives us commercial context that purely legal analysis misses.
- Federal Court Experience — We act in trade mark infringement proceedings in the Federal Court of Australia, including urgent applications heard by a duty judge at short notice.
Recent Cases
Active Skin Pty Ltd v Yey Pty Ltd (No 2) [2026] FedCFamC2G 733 — Federal Circuit and Family Court of Australia
EAGLEGATE acted in a matter arising from a trade mark registration dispute in the Federal Circuit and Family Court of Australia. The underlying proceeding involved an appeal against the refusal by a delegate of the Registrar of Trade Marks to register two trade marks — opposed by a competitor. The appeal was heard over three days and dismissed.
EAGLEGATE acted for the directors of the unsuccessful company in a subsequent application by the respondent for a third party costs order — seeking to make the directors personally liable for the costs the company had been ordered to pay. The application was dismissed. The directors were not ordered to pay costs. The respondent was ordered to pay the directors’ costs of the application.
The case is a reminder that trade mark disputes — from registration oppositions through to appeals and costs applications — can extend over many years and involve significant cost exposure. Early strategic advice on trade mark registration, opposition and enforcement determines how those disputes unfold.
Read the judgment on AustLII | Read our article on this case
Insights
- What is 'deceptively similar'?
Assessed from the perspective of a consumer with imperfect recollection. The marks do not need to be identical — if a consumer could be misled into thinking the goods or services come from the same or a related business, and no defences apply, infringement may be established.
- Can I take action if my trade mark is not registered?
Yes — through passing off and Australian Consumer Law claims. However, registration provides a significantly stronger and cleaner right. If your mark is unregistered, we advise on the strength of your unregistered rights and whether registration should be pursued alongside enforcement..
- What remedies can I get?
Injunctions to stop ongoing infringement, damages to compensate your loss, or account of profits — requiring the infringer to pay over profits made from the infringing use. Additional damages are available where infringement was deliberate or flagrant and damages are claimed.
- What if the infringer is overseas?
Action can still be taken against the infringer. EAGLEGATE also advises on Australian Border Force applications to intercept infringing goods at the border, platform takedown processes targeting infringing content or listings wherever they appear, and international enforcement coordinated through our network of IP practitioners in other jurisdictions.
Book a 30-minute confidential consultation.
Your mark is registered. Now enforce it.