In the valuation of businesses the portion attributed to goodwill is often greater than other items of property such as stock, equipment or work in progress. Pain is felt immediately when a competitor or pirate pass off its business or product as yours.
They are taking your goodwill, a business property right. Protection against this is at the heart of the tort of passing off law.
The use of passing off law is neatly illustrated in an English case involving Rihanna and sale of a designer T-shirt bearing her image.
The case was triggered after Topshop, a major English garment retailer, produced and sold the T-shirt online and in its stores.
Rihanna has an army of minders. They were not happy.
The case was launched as Robyn Rihanna Fenty and Others vs Topshop and Another. The decision was handed down in mid-2013 by Justice Birss in the High Court of Justice, Chancery Division, Intellectual Property.
The music production business and the music consumption habits of the 20th century were shaped by the technologies and distribution channels of the time.
Music was distributed on physical media (eg vinyl, cassettes or CDs), marketed heavily, sold in racks at record stores and consumed via stereo cabinets or other playback devices that shared space with lounge room furniture.
The cost of producing, manufacturing, marketing and distributing recordings was considerable. This mitigated toward the growth of large, well capitalised record companies. Appling economies of scale, they attracted or built the larger acts, shaped their repertoire, offered them major advances to guarantee exclusivity, financed recordings, publicity tours and a range of additional support.
We bring good news, there are at least seven newish ways to raise funds for start-up ventures. They are less risky than maxing out your credit cards.
They are there for early stage ventures which have no cash, family, friends or local means to raise money.
How you raise funds for a venture is critical to success. In recent years new options have become available.
A generation ago, early stage venture funding involved a smaller range of options such as using personal savings, cash flow, personal loans, leasing, deferred payments, sweat equity and selling equity.
In November 2006 I wrote Australian advertising revenue is draining overseas, moving from offline print to online bytes. The article described the challenge ahead for Telstra's Sensis and its business model dependent on print and online telephone directories advertising revenues. The challenge then was chiefly from Google and Yahoo!.
Telstra tried to fight back against the online search engines. A little over two years later, I wrote Predictions 2009: Information and Communication Technology - Part 3. It briefly noted the closure of Telstra's search engine development venture, resulting in writing off $100 million.
This article was first published in the Computers section of The Australian, 30 August 1994. At that time Microsoft was forced to sign a consent decree with the US Justice Department under anti-trust law. I'm reprising it because it captures considerable research and srategy remains a critical subject.
Cliffs are one of the favourite haunts of students of human evolution. The sides of cliffs expose fossils and layers of archaeological history. In the most primative form of animal husbandry, our ancestors drove creatures great and small over cliffs into gorges and valleys below. Picking among the bones archaeologists have pieced together a story of human evolution with its moral of survival of the fittest.
The second richest person in the world is credited as having said: "Intellectual property has the shelf life of a banana." Forbes in January 2014 ranks Bill Gates, aged 58, as worth US$57 billion. IP can have the shelf life of a banana. That has not been the case for Mr Gates.
When selecting a lawyer don't just focus on end results, consider carefuly how to achieve results fast. One of the highest value skills we should seek from dispute resolution lawyers is their predictive capacity in their area of expertise.
For this, up-to-date legal knowledge as well as technical skills is not enough.
This is especially so when the client is an individual or small businesses or when the other side has greater financial and other resources.
The word "practice" underlines practical needs, not just legal knowledge or technical legal competency on their own.
The aim is to get to results fast, whether that be a demand for money, ceasing of unlawful activity or something else.
"The future is already here, it's just unevenly distributed." This was said in January 2003 by William Gibson, the science-fiction author who coined the word "cyberspace". So if the future is already here, how do you get a piece of it?
Like tomorrow's weather forecast, the clues are already here. So look around you, your mates, home office, business, profession, industry. Where are the opportunities? What are the trends.
Is there something so burningly obvious that you agree with Bob Dylan when he sings "You don't need a weatherman to tell you which way the wind blows."
Fashion and entrepreneurship have been linked since the dawn of industrialisation in Europe in the late 18th century.
About 200 years ago the word "entrepreneur" was made fashionable by someone who grew rich as a cotton factory entrepreneur. The French economic theorist, Jean-Baptiste Say (1767-1832), is credited as the first in continental Europe to write about entrepreneurs and entrepreneurship. He was inspired by Adam Smith.
Others who learned from fashion created Hollywood. One hundred years ago the mostly Jewish entrepreneurs of Hollywood had a poor immigrant background, hardly any education, and experience in the garment industry.
Our firm starts the process of trade mark registration for clients by charging a minimum application stage fee of $950.
The $950 application stage fee covers professional time by a specialist trade mark lawyer and IP Australia filing costs. It includes: