Protecting Your Intellectural Property
Kale Venz & Luis Gonzalez
Protecting your intellectual property
Last week, it was revealed that the US company behind the Oreo has commenced proceedings against Aldi. The US company alleges that Aldi has copied their distinctive Oreo packaging for its own chocolate sandwich biscuits, in a manner which is likely to mislead and deceive customers. This high-profile dispute is a timely reminder of the critical importance of intellectual property protection for your business.
This case underscores the need to take proactive steps to safeguard your intellectual property.
The team at CJM Lawyers can ensure that your business’ intellectual property is protected, including through the:
1) Registration of trade marks: This includes not only your brand name and logo, but also extends to aspects of your business which helps customers distinguish you from your competitors.
2) Licensing of your Intellectual Property: Where you wish to license your intellectual property to someone else, it is essential that you have a comprehensive agreement in place to ensure that each of the parties’ rights are clearly defined and protected.
3) Registration of patents: A patent serves to protect against your ‘inventions’. The registration of a patent over your products can be critical to ensuring that your products are protected from competitors seeking to copy your invention.
4) Resolution of Disputes: If you suspect your intellectual property rights have been infringed, it is important to act promptly to mitigate and limit any damage that the infringement may cause to your business. CJM Lawyers is experienced in all aspects of intellectual property protection and enforcement. If you have concerns about your intellectual property or believe your rights may have been infringed, please contact us to discuss how we can help you protect your most valuable business assets.
Disclaimer: This article is for general understanding and should not be used as a substitute for professional legal advice. Any reliance on the information is strictly at the user's risk, and there is no intention to create a lawyer-client relationship from this general communication.
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Our Latest Story
By John (Ta-Chun) Chou
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15 January 2026
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Buying a business is an exciting venture, but the legal "to-do list" looks different depending on which side of the Tweed River you are on. Whether you’re eyeing a café in Surfers Paradise or a boutique in Byron Bay, navigating the transition from the current owner to you requires a sharp eye on the details. Here are the four key areas where the rules change between Queensland and New South Wales. 1. The Contract of Sale In Queensland, we typically use the REIQ Business Sale Contract. In NSW, it’s common to use the Law Society/Real Estate Institute version. While both cover the basics, they handle "dispute resolution" and "vendor warranties" (the promises the seller makes about the business) differently. With years of experience in commercial law, CJM Lawyers will ensure the contract is tailored to the specific laws of the state where the business is located. 2. The Lease: Your Business's Home The lease is often the most valuable asset you’ll take over. In QLD: The Retail Shop Leases Act has very strict rules about "Disclosure Statements" that the landlord must give you. In NSW: The Retail Leases Act applies, which has its own specific timelines and forms. If the landlord doesn’t provide the right paperwork at the right time in either state, it can lead to massive headaches or even the right to walk away from the lease later. Both Acts play a crucial role in preventing any hidden issues from the landlord and assignor that could surprise you after a transfer or the start of a lease. CJM Lawyers, as a trustworthy solicitor, will ensure that all necessary disclosures are made before you make a decision. 3. The "Tax Trap": Transfer Duty This is the biggest difference between the two states: Queensland: You generally still have to pay Transfer Duty (stamp duty) on the value of the business assets (like equipment and goodwill). This is an extra cost you must budget for. NSW: In most cases, NSW has abolished stamp duty on the transfer of "intangible" business assets like goodwill. However, you might still pay duty if the sale includes land or certain other interests. With CJM Lawyers, experts in commercial transactions across both jurisdictions, we help you understand the nuances to avoid unexpected late penalties or potential legal actions from the state revenue office. 4. Taking Over the Team (Staff) While the Fair Work Act is national, the way we "adjust" the price for employee leave at settlement is a matter of contract. Specifically, the REIQ contract usually grants a 70% credit to the Buyer for accrued leave on its standard terms, while NSW’s law society or REI contract may not be explicit in this regard in detail. Regardless of the difference, it is still open to negotiation between you and the seller. We, CJM Lawyers, make sure that if you are taking on staff who have years of accrued long service leave or annual leave, the seller gives you a fair discount on the purchase price, so you aren't left footing the bill alone later. How We Can Help Mastering both QLD and NSW means we understand the nuances of both systems. CJM Lawyers will act as your advisor, identifying risks like hidden debts on equipment or tricky lease terms, before you sign on the dotted line. If you’re considering buying a business, early legal advice can save you time, money and stress. Contact CJM Lawyers today to start the conversation.
By December 2025 Edition
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Discover practical ways to handle unpaid invoices before the holidays. Recover money owed, improve cash flow, and keep your business running smoothly.
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If you hold (or want) a pilot licence , a drink driving charge isn’t just a traffic matter, it can put your medical and flying privileges under the microscope. The smart move is to get advice early, before making any aviation disclosures. Why this matters (even if it happened on the road) Aviation is conservative for good reason. Any alcohol related offence can raise questions about fitness to fly, which may lead to: Medical scrutiny (extra checks, temporary conditions). Short-term flying restrictions while assessments occur. Career and insurance impacts, particularly in commercial roles . We’re not saying your flying days are over, just that it’s both a legal and aeromedical issue from day one. Three costly myths: “It’s only a driving issue.” For pilots, it becomes an aviation issue quickly. “No conviction recorded = no problem.” Outcomes short of conviction can still trigger medical reviews and suspensions . “If I don’t report it, it goes away.” Missing a reporting obligation can be worse than the incident itself. If this happens, keep it simple and strategic: Call us first. We’ll help you meet your reporting obligations on time, in the correct form, and with clear, relevant facts. Coordinate with a Designated Aviation Medical Examiner (DAME) for a practical medical plan. Document sensibly (any counselling, test results, timelines) to support a return to flying pathway. Expect a pause, not necessarily a full stop. Many pilots return with structured steps and credible evidence. How we help: Clear pathway back: Legal, medical and practical steps aligned. Risk management: What to report, when, and how. Career protection: Engage with regulators, employers and insurers the right way. A realistic outlook Plenty of pilots resume flying. Success usually comes down to early advice, credible records, and compliance. Safety is the regulator’s north star; our job is to present your case clearly and keep momentum. Need guidance? CJM Lawyers advises pilots and operators on aeromedical and regulatory issues arising from drink driving charges. Speak to our Aviation Law team promptly so you meet any reporting obligations on time and in the correct form. General information only. This is not legal advice. Your circumstances will determine your obligations and options.
Our Latest Story
By John (Ta-Chun) Chou
•
15 January 2026
Buying a business is an exciting venture, but the legal "to-do list" looks different depending on which side of the Tweed River you are on. Whether you’re eyeing a café in Surfers Paradise or a boutique in Byron Bay, navigating the transition from the current owner to you requires a sharp eye on the details. Here are the four key areas where the rules change between Queensland and New South Wales. 1. The Contract of Sale In Queensland, we typically use the REIQ Business Sale Contract. In NSW, it’s common to use the Law Society/Real Estate Institute version. While both cover the basics, they handle "dispute resolution" and "vendor warranties" (the promises the seller makes about the business) differently. With years of experience in commercial law, CJM Lawyers will ensure the contract is tailored to the specific laws of the state where the business is located. 2. The Lease: Your Business's Home The lease is often the most valuable asset you’ll take over. In QLD: The Retail Shop Leases Act has very strict rules about "Disclosure Statements" that the landlord must give you. In NSW: The Retail Leases Act applies, which has its own specific timelines and forms. If the landlord doesn’t provide the right paperwork at the right time in either state, it can lead to massive headaches or even the right to walk away from the lease later. Both Acts play a crucial role in preventing any hidden issues from the landlord and assignor that could surprise you after a transfer or the start of a lease. CJM Lawyers, as a trustworthy solicitor, will ensure that all necessary disclosures are made before you make a decision. 3. The "Tax Trap": Transfer Duty This is the biggest difference between the two states: Queensland: You generally still have to pay Transfer Duty (stamp duty) on the value of the business assets (like equipment and goodwill). This is an extra cost you must budget for. NSW: In most cases, NSW has abolished stamp duty on the transfer of "intangible" business assets like goodwill. However, you might still pay duty if the sale includes land or certain other interests. With CJM Lawyers, experts in commercial transactions across both jurisdictions, we help you understand the nuances to avoid unexpected late penalties or potential legal actions from the state revenue office. 4. Taking Over the Team (Staff) While the Fair Work Act is national, the way we "adjust" the price for employee leave at settlement is a matter of contract. Specifically, the REIQ contract usually grants a 70% credit to the Buyer for accrued leave on its standard terms, while NSW’s law society or REI contract may not be explicit in this regard in detail. Regardless of the difference, it is still open to negotiation between you and the seller. We, CJM Lawyers, make sure that if you are taking on staff who have years of accrued long service leave or annual leave, the seller gives you a fair discount on the purchase price, so you aren't left footing the bill alone later. How We Can Help Mastering both QLD and NSW means we understand the nuances of both systems. CJM Lawyers will act as your advisor, identifying risks like hidden debts on equipment or tricky lease terms, before you sign on the dotted line. If you’re considering buying a business, early legal advice can save you time, money and stress. Contact CJM Lawyers today to start the conversation.
By December 2025 Edition
•
11 December 2025
Discover practical ways to handle unpaid invoices before the holidays. Recover money owed, improve cash flow, and keep your business running smoothly.
By Jeffrey Lucas
•
21 October 2025
If you hold (or want) a pilot licence , a drink driving charge isn’t just a traffic matter, it can put your medical and flying privileges under the microscope. The smart move is to get advice early, before making any aviation disclosures. Why this matters (even if it happened on the road) Aviation is conservative for good reason. Any alcohol related offence can raise questions about fitness to fly, which may lead to: Medical scrutiny (extra checks, temporary conditions). Short-term flying restrictions while assessments occur. Career and insurance impacts, particularly in commercial roles . We’re not saying your flying days are over, just that it’s both a legal and aeromedical issue from day one. Three costly myths: “It’s only a driving issue.” For pilots, it becomes an aviation issue quickly. “No conviction recorded = no problem.” Outcomes short of conviction can still trigger medical reviews and suspensions . “If I don’t report it, it goes away.” Missing a reporting obligation can be worse than the incident itself. If this happens, keep it simple and strategic: Call us first. We’ll help you meet your reporting obligations on time, in the correct form, and with clear, relevant facts. Coordinate with a Designated Aviation Medical Examiner (DAME) for a practical medical plan. Document sensibly (any counselling, test results, timelines) to support a return to flying pathway. Expect a pause, not necessarily a full stop. Many pilots return with structured steps and credible evidence. How we help: Clear pathway back: Legal, medical and practical steps aligned. Risk management: What to report, when, and how. Career protection: Engage with regulators, employers and insurers the right way. A realistic outlook Plenty of pilots resume flying. Success usually comes down to early advice, credible records, and compliance. Safety is the regulator’s north star; our job is to present your case clearly and keep momentum. Need guidance? CJM Lawyers advises pilots and operators on aeromedical and regulatory issues arising from drink driving charges. Speak to our Aviation Law team promptly so you meet any reporting obligations on time and in the correct form. General information only. This is not legal advice. Your circumstances will determine your obligations and options.
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