Litton Legal

31/05/2026

Patagonia has commenced trade mark proceedings against environmental activist and drag performer Pattie Gonia, alleging that her use of the name, branding and trade mark applications may infringe Patagonia’s registered trade mark rights.

Pattie Gonia argues that her name is a parody and a form of protected artistic expression. Patagonia, meanwhile, maintains that it must actively enforce its intellectual property rights to prevent consumer confusion and protect the strength of its brand.

So, what are the protections in Australia when it comes to parody and trade mark law? Parody is not a standalone defence to trade mark infringement under the Trade Marks Act 1995. The key issue is whether the use of a similar name or branding is likely to cause consumer confusion about a connection, endorsement or affiliation with the original brand. If a parody moves into commercial use, particularly on goods like clothing or merchandise, it is more likely to face legal risk.

Even where trade mark infringement is not established, a brand may still rely on the Australian Consumer Law, which prohibits misleading or deceptive conduct, as well as the common law action of passing off.

“Passing off” (also this week’s legal lingo definition we shared!) protects the goodwill of a brand and focuses on whether a misrepresentation has caused, or is likely to cause, damage to that reputation.

Parody may be relevant to context, but it does not automatically prevent these claims if consumer confusion or misrepresentation is found.

Article link in our stories for more 🔗

29/05/2026

Words are essential tools in law! Legal language is incredibly important.

Sometimes words are only relevant to law (they have no other meaning elsewhere). Other times very common terms take on a different meaning altogether when used in law.

This week’s is the term “Passing Off.”

SWIPE for the definition 👉🏻

Under Australian law, passing off prevents businesses or individuals from misrepresenting their goods or services in a way that causes consumers to believe they are connected with another trader.

The action protects the valuable reputation and goodwill a business has built in its brand, products, or services.

A successful claim may result in remedies including injunctions, damages, or an account of profits.

At Litton Legal, we’re experts in Intellectual Property Law. Contact our office for further assistance on [email protected]

21/05/2026

The ‘Australian Made Week’ campaign is currently running from May 18-24 as a multi-channel advertising and PR campaign designed to both celebrate and support local makers and growers. The campaign encourages shoppers and businesses to support local by seeking out products with the iconic green and gold kangaroo.

If you’re an Australian based business wanting to use the Australian Made logo on your products, here are some handy tips:⠀
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💡It is a trade marked logo. This means you can’t use it without applying for the rights to do so first.
💡To apply to use it, you need to file an application with the not-for-profit Australian Made Campaign Ltd (AMCL). You have to also meet the criteria set out in the Australian Consumer law and AMAG logo code of practice.⠀
💡This iconic logo was first commissioned by the Federal Government in 1986 & designed by creative consultant Ken Cato.⠀
💡It’s now found on over 10,000 products within Australia and the world.
💡Using this widely recognised trade mark helps the credibility of your business and establishes familiarity & a good reputation with consumers. ⠀
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This Australian Made logo is a great example of how you can license the use of a registered trade mark you own. It’s just one of many great reasons why protecting your IP and registering trade marks helps to not only protect your business in the long run but increase its commercial value too.⠀
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For more info on the Australian Made, Australian Grown logo, head to: https://www.australianmade.com.au/for-business/using-the-logo/ ⠀


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For further assistance with your intellectual property, contact our friendly team on [email protected]⠀
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16/05/2026

Last week, the ABC managing director told a conference that the ABC had lost approximately $300 million in revenue from a “bad deal” with the BBC over licensing and merchandising rights for its hit show Bluey.

It’s an Aussie brand worth up to $2.5 billion a year, with all the show’s proceeds going to the BBC instead of returning to Australia.

It’s alleged the ABC contributed 70 per cent of the budget then “gave away” all merchandising and licensing rights to the BBC for the remaining 30 per cent. And apparently it’s the worst media deal in history.

Since its launch in 2017, the unexpected success of Bluey has seen its popularity rise across 140 countries, including the United States, where it is the most-streamed show with Americans tuning in to watch 45.2 billion minutes of it last year.

Mr Gearside, a leading entrepreneur who highlighted the bad deal across social media, called the mistake an “Australian story” that wasn’t limited to the ABC, pointing to solar panels as another example of an Aussie invention that was commercialised overseas.

“We invent world-class stuff here in Australia and then we hand the value to someone else.”

ABC Managing Director Hugh Marks has talked openly about his regret over the Bluey deal and was now focused on preventing other Australian intellectual property from being monetised overseas.

The BBC Bluey deal highlights the importance of commercial negotiations, particularly when it comes to licensing - and protecting - intellectual property rights.

14/05/2026

A trade mark is a sign used, or intended to be used, to distinguish the goods or services of one business from goods or services of another. It can be anything from a word, image, shape, colour, or even a sound or scent! Trade marks are a fundamental way for businesses to market themselves and build a unique brand and reputation.

A certification trade mark on the other hand, is usually a logo, word or phrase that indicates to consumers that a product or service meets a particular standard or has certain qualities or characteristics.

Two well known certification trade marks in Australia are the ‘Woolmark’ trade mark and the ‘Australian Made’ trade mark.

With the 2026 Australian Made Campaign launching next week, check out our blog article for more information on certification trade marks ™️

10/05/2026

Happy Mothers Day to all the Mums out there today! We hope you’ve had a lovely day.
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Did you know the history of how Mothers Day came to be?⠀
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Mothers Day started as an anti war movement in the early 1900s by American woman Anna Jarvis in honour of her own mother.⠀
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In 1914 president Woodrow Wilson declared every second Sunday in May to be a national Mothers Day celebration.⠀
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Anna Jarvis came to despise Mothers Day being commercialised by card companies and businesses. In 1920 she wrote “to have Mother’s Day the burdensome, wasteful, expensive gift day that Christmas and other special days have become, is not our pleasure.” She believed it detracted from the original meaning of Mothers Day.⠀
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As the creator of Mothers Day, Jarvis also believed it to be her intellectual and legal property. ⠀
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She copyrighted her own photo, claimed copyright on the phrase “Second Sunday in May, Mother’s Day” (and threatened to sue anyone who marketed it without permission) and incorporated herself as “Mothers Day International Association.”⠀
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She also published a warning on some Mother’s Day International Association Press releases: “Any charity, institution, hospital, organization, or business using Mother’s Day names, work, emblem, or celebration for getting money, making sales or on printed forms should be held as imposters by proper authorities, and reported to this association.”⠀
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It’s unknown exactly how litigious she was based on historical documents, but it’s believed Jarvis had up to 33 simultaneously pending Mothers Day lawsuits at one point.⠀
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Jarvis spent her whole life fighting the commercialisation of Mothers Day and defending her IP claims. She sadly died penniless in 1948 at the age of 84.⠀
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These days Mother’s Day celebrations are worth an estimated $9 billion globally and while many focus on the original meaning of Mothers Day, there’s no doubt it has huge value commercially.

30/04/2026

Words are essential tools in law! Legal language is incredibly important.

Sometimes words are only relevant to law (they have no other meaning elsewhere). Other times very common terms take on a different meaning altogether when used in law.

This week’s is the term “Defamation Insurance.”

SWIPE for the definition 👉🏻

In an age of online publishing, social media, and instant communication, defamation risk is higher than ever, particularly for media organisations, influencers, and professionals who publish content.

Rebel Wilson’s current defamation case has put the spotlight on defamation insurance, as it’s been reported this is what she’s relying on to cover the costs of her case.

Defamation insurance is typically included within media liability or professional indemnity policies and can cover legal defence costs, settlements, and damages if a claim is made.

Importantly, it does not give a free pass to publish harmful or false statements. Policies often include strict conditions, exclusions (such as intentional wrongdoing), and notification requirements.

Having this cover can be critical, as defamation claims can be complex, costly, and reputationally damaging, even if ultimately unsuccessful.

This term is increasingly relevant in disputes involving online content, journalism, and business communications.

27/04/2026

In honour of Anzac Day held over the weekend, and the Anzac Day public holiday across NSW, ACT and WA today, here is some useful information on the legal use of the word ‘Anzac’ for businesses.

The word ‘Anzac’ is one of the most regulated words in the world and is subject to routine misuse.

SWIPE 👉🏻 for more information.

23/04/2026

Prince Harry and Meghan Markle recently visited our shores for a whirlwind four-day visit, and while they were here, some business owners jumped on the AI trend of the pair ‘visiting’ their venues.

But did you know that joining in with these kinds of trends may be exposing yourself to legal risk?

These posts can breach the Australian Consumer Law if they mislead consumers or imply false endorsements. Experts, including those from the University of Melbourne, warn that even unintentional deception can attract scrutiny from the Australian Competition and Consumer Commission or worse..legal action from the celebrities themselves.

Sometimes, clear prominent disclaimers may help, or if the post is unmistakable parody, but the safest approach may be to avoid the trend altogether.

The fun photos of Harry and Meghan that could land Aussie small businesses in hot waterBy Maddison Leach5:33am Apr 23, 2026 X Facebook Mail Exclusive: Small businesses jumping on a seemingly harmless celebrity AI trend could land in hot water with the likes of Prince Harry and Meghan.Dozens of Austr...

17/04/2026

The current legal battle facing Ben Roberts-Smith may seem extraordinary and unprecedented in its scale, particularly as one of Australia’s most decorated veterans – having been awarded some of the highest accolades you can receive in the military.

He was widely considered a national hero, until his reputation started to deteriorate following a 2023 Federal Court ruling. The reason? A failed defamation action brought by Roberts-Smith against multiple media outlets, and the ruling it came to.

As it stands today, he has since been arrested for war crimes, granted bail, and is awaiting trial on those charges.

So, how did he get here?

Check out our latest blog article where we explore the intersection between Defamation Law & Criminal Law ⚖️

https://littonlegal.com.au/blog/ben-roberts-smith-the-intersection-of-defamation-law-criminal-law/

The legal issues facing veteran Ben Roberts-Smith highlight the intersection between defamation law and criminal law.