Meanwhile Reuben's partner Emma has been hard at work on a new design for the machine. Using her 3-D interior design software she comes up with a sleek, modern-looking appearance, much less a sausage machine, and more like a top-of- the-line commercial juicer or blender. She and Reuben file an application with IP Australia to secure the design rights to the machine, which they decide to call 'the Avo Smash'. The design application is very quickly approved, and Reuben and Emma request certification, which means their design is soon published in the relevant IP Journal.

By coincidence, the design for the "Axosmash" closely resembles a top-of-the- line commercial juicing machine sold by the French homeware giant, Le Creuset, via its Australian subsidiary company 'Le Creuset en Australie'. This machine is called the Vitamax. Emma has recently studied the early artistic career of Yves Le Creuset, the founder of the company in post war 1950s Paris. Only last semester, in fact, Emma submitted a 20,000-word thesis on Yves Le Creuset's design influences and styles.
Enna gets a polite letter from La 525111131: mm explaining that her proposed design for the Wis unfortunately a very close copy of the design of their markclzlnadina 35W juicer. Le 535% requests that Emma immediately withdraw the application for design rights in the W and change her design. If she does not, Le Crease: will reluctantly be forced to commence legal proceedings protecting their own design right in the W. 14. Enna and Reuben have also filed an online trademark application with [P 15. Australia for the new brand name they are proposing: 'WF They apply under 'Goods - Class 7 — food preparation machines'. Not long afterward, the owner of W11, a panel-beating firm located at Avoca Beach on the NS"r Central Coast, happens to be searching the trademark database at 11" Australia, and discovers the application for 'W'. The owner immediately writes a letter to Emma and Reuben demanding that they withdraw their trademark application, and cease using the brand name "Wk since it far too closely resembles their own existing registered brand, and people are likely to get confused. The letter flutter informs Reuben and Emma that their trademark, 'W' is registered under 'Services — Class 3? — repair services.' The owner confirms that he will lodge a formal opposition to Anna and Reuben's application, if Enna and Reuben do not withdraw it themselves.

1. Emma has come to you for advice on her application for design rights in the 'Wash' machine. Based on the information given above, advise Emma whether Le Grease)? is correct or not, and whether she is likely to succeed in getting a registered design
2. Emma also asks you about the trademark application. She has read section 17 of the Trademark Act what is a trademark? but she doesn't understand it. She wants you to explain what it means, and how it would likely be applied to her own proposed trademark, Ayo Smash. She also wants you to advise on whether or not the Avosmash panel-beating company can prevent she and Reuben from using their proposed trademark for a different kind of product.

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Introduction Reuben and Emma entrepreneurs working on a new machine design named the Avo Smash face legal challenges related to intellectual property ... View the full answer