Elise Explains IPcast

What happens when a company copies the structure of a software system — but writes its own code?
In this episode of Elise Explains IP, Elise unpacks one of the most important intellectual property cases in modern technology: Oracle v Google.
The dispute centred on Google’s use of Java APIs when developing Android, and raised a major legal question:
Can the structure of software systems be protected by copyright?
But this episode goes beyond the legal headlines.
Elise explains why this case matters for:
SaaS founders
Tech businesses
Platform operators
Advisors working with digital businesses
And any business building software products or scalable systems
You’ll also learn why relying on “fair use” can be dangerous — particularly for Australian businesses operating under much narrower fair dealing rules.
In This Episode
✔️ What APIs actually are (in plain English)
A practical explanation of APIs and why they became central to the dispute.
✔️ What Google copied — and why it mattered
The difference between:
copying code
copying structure
and replicating how a system works
✔️ Why the case lasted over 10 years
A look at the commercial stakes and legal uncertainty surrounding the dispute.
✔️ The Supreme Court’s fair use decision
Why Google ultimately succeeded in the US — and why that outcome doesn’t easily translate to Australia.
✔️ Fair Use vs Fair Dealing
A critical distinction for Australian businesses:
US law uses broad “fair use”
Australia relies on narrow “fair dealing” exceptions
✔️ The real-world risks for businesses
Including:
investor due diligence issues
forced rebuilds
licensing disputes
platform redesigns
commercial disruption
Key Takeaways
Intellectual property risk in software is not limited to copied code
Structure, organisation, and system design can also become contentious
“We rewrote it ourselves” is not always a complete defence
Fair use is a US doctrine — and Australian businesses should not assume the same flexibility exists here
Licensing and early IP strategy are significantly cheaper than litigation later
Practical Questions for Founders & Advisors
If you’re building software or digital systems, ask yourself:
Are we modelling our product on an existing platform?
What third-party frameworks or APIs are we relying on?
Do we clearly understand the licensing terms?
Have we documented what IP actually exists in our system?
Would an investor or acquirer be comfortable with our IP position?
Mentioned in This Episode
Oracle America, Inc. v Google LLC
Java APIs
Android operating system
Fair use (US)
Fair dealing (Australia)
About Elise Explains IP
Elise Explains IP is a practical podcast for business owners, founders, creatives, and advisors who want to better understand intellectual property and business protection.
The focus is simple:👉 helping businesses identify risk early and protect what they’re building before problems arise.
Need Advice?
If you’re building software, digital products, systems, or scalable platforms — and you’re unsure where your intellectual property risks sit — you can book a strategy call using the link below.
www.elisesteegstra.com
Protecting your IP early is usually far easier than untangling it later.

Expanding your business internationally sounds like growth.
But from a trade mark perspective, it’s often where things start to unravel.
In this episode, recorded from London during the INTA Conference, Elise unpacks a common — and costly — issue: why so many businesses run into trade mark problems when they enter new markets.
The key takeaway?Your brand might feel global… but legally, it isn’t.
What This Episode Covers
Why trade mark rights are territorial (and what that actually means in practice)
The most common assumptions business owners make about owning a brand
How international expansion exposes hidden IP risks
Real-world scenarios where businesses lose control of their brand overseas
Why filing a trade mark is not the same as having a strategy
Key Risks When Expanding Overseas
1. Someone Already Owns Your Brand
You may discover that your brand is already registered in another country — even if you’ve been using it for years in your home market.
In many jurisdictions, priority is based on filing date, not use.
2. You Receive a Cease & Desist
Launching into a new market without clearance can trigger enforcement action from existing rights holders.
This can lead to:
Forced rebranding
Legal costs
Delays to expansion
3. Your Brand Can’t Be Registered
A name that works in one country may be:
Descriptive in another language
Too similar to an existing mark
Restricted under local laws
This leaves you exposed without enforceable rights.
4. You Filed — But Not Strategically
Common issues include:
Filing too late
Filing in the wrong entity
Incorrect or narrow specifications
Over-reliance on the Madrid Protocol without local strategy
Why This Matters
Trade mark issues don’t stay “legal problems.”
They quickly become commercial problems, affecting:
Brand consistency
Marketing and customer trust
Distribution and partnerships
Business valuation and investment readiness
Practical Takeaways
If you’re planning to expand internationally:
✔️ Think Ahead
Consider future markets early — even if expansion is 12–24 months away.
✔️ Clear Before You Enter
Undertake trade mark searches in your target country before launching.
✔️ Prioritise Key Markets
Focus protection on where you:
Sell
Manufacture
Plan to grow
✔️ Get Ownership Right
Ensure the correct entity owns the IP — particularly across group structures.
✔️ Treat Trade Marks as a Business Asset
This is not just a legal step — it’s part of your growth strategy.
INTA Insight
Attending the INTA Conference in London highlights a consistent global theme:
Most trade mark disputes don’t arise because businesses act recklessly —they arise because businesses grow… without aligning their IP strategy to that growth.
Key Concept: Territorial Rights
Trade mark protection is granted country by country.
There is no single “worldwide” trade mark.
International systems like the Madrid Protocol can streamline filings — but they do not eliminate the need for jurisdiction-specific strategy.
Next Steps
If international expansion is on your horizon, now is the time to ask:
Will your brand actually work in the markets you want to enter?
Fixing issues early is strategic.Fixing them later is expensive.
Work With Elise
If you’d like tailored advice on protecting your brand as you scale, you can book a strategy call:
🌐 www.elisesteegstra.com
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If you found this episode helpful, share it with a business owner or advisor who is thinking about expanding internationally.
Because the earlier this is understood, the easier it is to get right.

Who Really Owns Your Trade Mark? Lessons from Black Star Pastry v Richards
Episode Summary
You can build a strong brand, file a trade mark… and still not legally own it.
In this episode of Elise Explains IP, Elise unpacks the recent Federal Court decision in Black Star Pastry Pty Ltd v Richards (No 2) [2026] FCA 383 — and why it highlights one of the most critical (and commonly misunderstood) issues in trade mark law:
Ownership at the time of filing
With a particular focus on the “Blackstar Coffee” trade mark, this episode explores what happens when a mark is filed in the name of one individual, despite being used in a broader business involving multiple parties.
The takeaway is simple — but often overlooked:
It’s not enough to file a trade mark. It needs to be filed in the right name.
What You’ll Learn
Why trade mark ownership is determined at the time of filing
What “true owner” actually means in practice
Why filing in the wrong name can invalidate your trade mark
The risks of founders registering trade marks personally
How shared ventures and partnerships create ownership complications
Why the “Blackstar Coffee” issue is a common real-world mistake
How misaligned ownership can affect sale, licensing, and investment
Key Case Insight: Black Star Coffee
This case highlights a familiar scenario:
A trade mark is filed by one of two business participants
The brand is actually used in a shared business context
No clear agreement exists around ownership
The result?
👉 A disconnect between legal ownership (on the register) and commercial reality (how the brand operates)
This creates uncertainty, risk, and potential disputes — particularly if relationships change.
Why This Matters for Business Owners
Getting trade mark ownership wrong can lead to:
Invalid or vulnerable registrations
Inability to enforce your rights
Disputes between founders or partners
Problems during due diligence or business sale
Misalignment between your IP and your business structure
In practical terms:
Your business may not actually own its most valuable asset — its brand
Practical Takeaways
If you’re filing (or have filed) a trade mark, consider:
1. Who should own the trade mark?
Is it a personal brand or a business asset?
Will the business grow, take on investors, or be sold?
In most cases, the company should own the trade mark.
2. Does ownership match how the brand is used?
The entity that controls and commercialises the brand should typically be the registered owner.
3. Are multiple people involved?
If yes:
Don’t default to one name on the application
Document ownership clearly before filing
4. Have you taken shortcuts?
Quick or DIY filings often lead to ownership issues later.
5. Is your IP aligned with your broader structure?
Trade marks should sit within your:
Business structure
Asset protection strategy
Long-term exit planning
Key Message
If the wrong entity files the trade mark, you may never have had a valid registration to begin with.
Need Help?
If you’re unsure whether your trade marks are owned by the right entity — or you’re setting things up properly from the start — it’s worth getting clarity early.
👉 Book a strategy call:www.elisesteegstra.com
Case Reference
Black Star Pastry Pty Ltd v Richards (No 2) [2026] FCA 383
Share This Episode
If you know a founder, creative, or advisor who’s building a brand — this is an important one to share.
Because most trade mark issues don’t come from failing to file…
They come from filing in the wrong name.

World IP Day Special: IP and Sports — Ready, Set, Innovate!
Episode Summary
What do the Olympics, Nike, athlete sponsorships, and sports technology all have in common?
They’re powered by intellectual property.
In this World IP Day special, we unpack this year’s theme — “IP and Sports: Ready, Set, Innovate!” — and explore how sport provides one of the clearest real-world examples of how IP creates value, protects brands, and drives revenue.
This episode breaks down how IP operates behind the scenes in sport — and, more importantly, what business owners can learn from it.
Because whether you’re building a brand, launching a product, or scaling a business, the same principles apply.
 What You’ll Learn
Why sport is fundamentally a commercial IP ecosystem
How trade marks, copyright, and patents operate in the sports industry
The role of branding and emotional connection in driving value
How athletes themselves function as IP assets
What ambush marketing is — and why it matters
The risks of not properly owning or controlling your IP
Practical steps to better protect and leverage your business assets
Key Insights
1. Sport is built on IP — not just performance
Behind every team, event, and broadcast is a framework of trade marks, copyright, and licensing rights that make commercialisation possible.
2. Brand drives revenue
Merchandise, sponsorships, and media rights only work because ownership is clear and enforceable.
3. Innovation creates new value
From wearable tech to performance data, sport continues to generate IP that becomes new revenue streams.
4. Athletes are brands
Names, images, and reputations are commercial assets that need to be carefully managed and protected.
5. Protection requires action
Major sporting bodies actively enforce their rights — because unmanaged IP quickly loses value.
Common Mistakes (Beyond Sport)
Not registering trade marks early
Holding IP in the wrong entity or individual name
Failing to document ownership between founders or collaborators
Allowing inconsistent brand use across marketing and partnerships
Treating IP as a legal formality instead of a business asset
Practical Takeaways
Audit your IP: What do you actually own?
Register key assets early: Especially your brand
Clarify ownership: Between founders, entities, and contractors
Control usage: Put clear agreements in place
Think commercially: How could your IP generate revenue?
Reality Check
If your brand, product, or content disappeared tomorrow:
Could you prove ownership?
Could you stop someone else using it?
Or would you be relying on assumptions?
 Work With Me
If you want to make sure your business is properly protected — or you’re scaling and need to get your structure and IP right — you can book a strategy call:
🌐 www.elisesteegstra.com
About World IP Day
World Intellectual Property Day is celebrated annually on 26 April and highlights the role IP plays in encouraging innovation and creativity.
The 2026 theme:“IP and Sports: Ready, Set, Innovate!”
Share This Episode
If you found this episode useful, share it with a business owner, founder, or advisor who is building something worth protecting.

Choosing a business name feels like a creative decision — but legally, it’s one of the most important strategic choices you’ll make.
In this episode of Elise Explains IP, we unpack the most common trade mark mistakes startups make, and why getting this wrong early can lead to expensive rebrands, lost opportunities, and unnecessary legal risk.
Through practical examples and real-world scenarios, you’ll learn how to protect your brand properly from day one — and avoid building a business around a name you don’t actually own.
What You’ll Learn
Why checking domain and social media availability is not enough
The critical difference between a business name and a trade mark
Why descriptive names are harder to protect (and what to choose instead)
How registering your trade mark in the wrong entity can create problems later
What trade mark “classes” are and why they matter for future growth
Why timing is critical when filing a trade mark
How inconsistent branding can weaken your legal position
What to consider if you plan to expand internationally
Key Takeaways
✔️ Your brand is a business asset, not just a marketing decision
✔️ Trade mark rights don’t come from registration of a business name
✔️ Distinctive names are easier to protect and scale
✔️ Filing early can prevent costly disputes or rebrands later
✔️ Your trade mark strategy should reflect where your business is going — not just where it is today
✔️ Consistency in how you use your brand matters more than most founders realise
Real-World Scenario
We walk through the example of a startup building a brand under a name that:
Wasn’t properly searched
Wasn’t registered early
And wasn’t structured correctly
…resulting in exposure to rebranding, legal risk, and growth limitations.
It’s a situation I see regularly — and one that is almost always preventable.
Practical Next Steps
If you’re building or growing a business:
Run a proper trade mark search before locking in your name
Choose a name that is distinctive and brandable
Register your trade mark early
Ensure it’s owned by the correct entity
File in the right classes, considering future expansion
Use your brand consistently across platforms
Consider your international strategy if growth is on the horizon
Work With Me
If you’d like clarity on whether your brand is actually protected — or want to get it right before you launch — you can book a strategy call:
🌐 www.elisesteegstra.com
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When you “buy” software, do you actually own it?
In most cases, the answer is no.
In this episode of Elise Explains IP, we break down software licensing basics in plain English — what a licence really is, why it matters for your business, and the risks that often get overlooked.
Because software isn’t just a tool — it’s infrastructure. And if you don’t understand your rights, you may not be in control of your own systems.
What You’ll Learn
The difference between owning software vs licensing it
Why most businesses are only granted limited rights to use software
The key types of software licences:
SaaS (subscription-based platforms)
Perpetual licences
Open source software
Custom-built software
The hidden risks in developer arrangements (and who actually owns the IP)
What happens when a licence is terminated
The terms that matter most in any software agreement
Key Risks to Be Aware Of
Losing access to critical systems if a licence ends
Being unable to extract or migrate your data
Discovering you don’t own custom-built software
Breaching open source licence terms without realising
Getting locked into platforms with no exit strategy
Real-World Insight
Many businesses invest heavily in custom-built platforms — CRMs, booking systems, or internal tools — only to discover later that they don’t own the underlying IP.
If the relationship with the developer breaks down, the business can be left without control over systems they rely on every day.
Key Licence Terms to Check
If you review nothing else, focus on:
Scope of use – who can use the software and how
Termination rights – what happens if the agreement ends
Data ownership and access – can you export your data easily
Transferability – can the licence move with your business
Customisation rights – can you modify or adapt the software
 Practical Steps for Business Owners
Audit the software your business depends on
Identify any single points of failure
Review key licence terms (especially termination and data access)
Ensure custom software agreements address IP ownership clearly
Plan an exit strategy for critical platforms
Why This Matters
Software sits at the centre of most modern businesses — from customer data to financial systems.
If you don’t control your access to those systems, you may not fully control your business.
Work With Elise
If you’d like help reviewing your software arrangements or ensuring your business is properly protected:
Book a strategy call: https://www.elisesteegstra.com
Share This Episode
If you found this helpful, share it with a business owner or advisor — especially anyone investing in software or building custom systems.

Most business owners assume their website or app is “theirs.”
But in reality, ownership of what you’ve built is often fragmented — spread across developers, designers, copywriters, and third-party platforms.
In this episode, Elise breaks down how intellectual property actually works in websites and apps, where businesses commonly get caught out, and what to fix before it impacts growth, control, or a future sale.
This is a practical guide to understanding what you own, what you’re licensing, and how to properly secure your digital assets.
What We Cover
Why your website or app is a bundle of different IP rights
The common misconception that paying = owning
Who typically owns:
Code
Design (UX/UI)
Website copy and content
Images, videos, and digital assets
The difference between ownership vs licence (and why it matters)
Risks that show up when:
Changing developers
Scaling or commercialising
Raising investment
Selling your business
Hidden IP risks in:
Shopify, Wix, and SaaS platforms
Stock images and third-party assets
Contractor-created content
Key Takeaways
Your website or app is not a single asset — it’s made up of multiple IP components with different ownership rules
Paying a developer or designer does not automatically transfer ownership
Without proper agreements, key parts of your platform may be owned by others
IP gaps often surface during due diligence, disputes, or scaling
Getting this right early is significantly easier than fixing it later
Practical Steps for Business Owners
If you have (or are building) a website or app:
1. Put proper agreements in placeEnsure all developers, designers, and contractors sign agreements with clear IP assignment clauses.
2. Confirm ownership sits with your business entityNot you personally — your company should own the assets.
3. Understand what you’re licensingPlatforms like Shopify or plugins are licensed, not owned — know the limits.
4. Keep records and accessMaintain contracts, source files, and login credentials in one place.
5. Protect your brandRegister trade marks where appropriate and ensure consistent use.
A Common Scenario
A business builds an app using external developers and creatives.
A few years later, they:
Seek investment, or
Try to sell
During due diligence, it becomes clear they don’t fully own:
The code
The design
Parts of the content
The result? Delays, renegotiation — or a lost deal.
Why This Matters
Your website or app is often a core business asset.
If you don’t control the IP:
You don’t fully control the business
And that impacts value, scalability, and exit options
Need Help?
If you’re unsure whether your website or app IP is properly structured, now is the time to review it.
Book a strategy call:www.elisesteegstra.com
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If this episode was helpful, share it with a business owner or founder building something online.
And don’t forget to follow Elise Explains IP for practical, real-world guidance on protecting your business.

Episode Title: Why Cadbury Doesn’t Own the Colour Purple (And Why Colour Trade Marks Are So Hard)
Episode Overview
Can a business really “own” a colour?
In this episode of Elise Explains IP, we unpack Cadbury’s long-running attempts to protect its iconic purple packaging — and why those efforts have had mixed success in Australia and internationally.
Using real cases, including the dispute with Darrell Lea and Cadbury’s failed UK registration, this episode explains why colour trade marks are some of the hardest rights to secure.
What We Cover
Cadbury’s use of purpleCadbury has used its distinctive purple (Pantone 2685C) for over a century, investing heavily in building brand recognition through colour alone.
The Australian dispute with Darrell LeaCadbury challenged Darrell Lea’s use of purple packaging, arguing it caused consumer confusion and leveraged Cadbury’s reputation.
The UK trade mark attemptCadbury’s application to register the colour purple failed due to lack of precision in how the colour was defined.
Why colour trade marks are difficultWe explore the legal and commercial hurdles, including exclusivity, consumer perception, and evidentiary burden.
Key Case References
Australia
Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd [2007] FCAFC 70
Full Federal Court decision
Confirmed that Cadbury did not have exclusive rights to the colour purple for chocolate packaging
Emphasised that colour alone was insufficient to establish distinctiveness in this context
United Kingdom / Europe
Société des Produits Nestlé SA v Cadbury UK Ltd [2013] EWCA Civ 1174
Court of Appeal decision
Rejected Cadbury’s colour trade mark application due to lack of clarity (“predominant colour” issue)
Cadbury UK Ltd v Registrar of Trade Marks [2014] EWHC 16 (Ch)
Further confirmation that the application lacked the precision required for registration
Société des Produits Nestlé S.A. v Cadbury UK Limited [2022] EWHC 1671 (Ch).
Meade J decided in Cadbury's favour on two counts, allowing the registration of two of its applications for colour. The third application was refused.
Key Takeaways
Colour can be a powerful branding tool — but it is rarely enough on its own
Trade mark law is cautious about granting monopolies over colours
Evidence of long-term use is necessary, but not always sufficient
Precision in drafting trade mark applications is critical
Strong brands rely on multiple identifiers, not just one visual element
Why This Matters for Business Owners
Many businesses assume that consistent use of colours, packaging, or design elements automatically creates legal ownership.
The Cadbury example shows that:
Recognition ≠ legal protection
Brand strategy must be supported by legal strategy
Early planning can avoid costly disputes later
Further Resources
If you’d like help protecting your brand or understanding what elements of your business can actually be registered as trade marks, you can learn more here:
👉 www.elisesteegstra.com
About the Podcast
Elise Explains IP is a podcast for business owners, founders, and advisors who want to understand how intellectual property actually works in practice — and how to protect what they’re building before problems arise.

Episode: Social Media IP Risks for Brands
Social media has become one of the most powerful tools for building a brand. But it also introduces a range of intellectual property risks that many businesses overlook.
In this episode of Elise Explains IP, Elise discusses the most common IP and brand protection risks businesses face on social media — particularly when marketing teams, agencies, influencers and customers are all using the brand in different ways.
From inconsistent use of trade marks to influencer behaviour that can damage brand reputation, this episode explores how quickly brand control can be lost online — and what businesses can do to manage those risks.
Whether you're a business owner, marketer, or advisor, understanding these issues can help ensure your brand remains legally strong and commercially valuable as it grows online.
In This Episode
Elise explains:
Why social media creates unique intellectual property risks for brands
How inconsistent use of brand names and logos can weaken trade mark protection
The risks associated with influencers using brand assets incorrectly
How influencer behaviour can impact brand reputation
Why user-generated content can create copyright issues
How hashtags and social media trends can unintentionally reshape a brand
Practical steps businesses can take to protect their IP online
Key Topics Discussed
1. Inconsistent Brand Use on Social Media
When marketing teams, agencies, and influencers all use the brand differently — abbreviations, altered logos, or modified taglines — it can weaken trade mark protection and create confusion about the brand itself.
2. Influencer Use of Brand Assets
Influencers often create their own visual content, which can result in:
altered logos
modified brand colours
cropped or stylised trade marks
branding combined with other products
Without clear guidelines, this can dilute the brand or create legal issues.
3. Influencer Behaviour Risks
Influencers effectively act as public ambassadors for the brand. Controversial or inappropriate behaviour can quickly create reputational damage for the business associated with them.
4. Loss of Control Over Brand Content
Once content is posted online, it can easily be:
shared
copied
modified
repurposed
Businesses may lose control over how their IP appears across social platforms.
5. User-Generated Content
Customer photos, videos and reviews are valuable marketing tools — but reposting them can raise copyright and permission issues if the business does not have clear rights to reuse that content.
6. Hashtags and Brand Identity
Campaign hashtags can sometimes become more widely used than the trade mark itself, creating confusion about the brand and potentially weakening trade mark protection.
Practical Steps for Businesses
To reduce social media IP risks, businesses should consider:
Creating clear social media brand guidelines
Including IP and brand use terms in influencer agreements
Monitoring online use of brand names, logos and hashtags
Obtaining permission before reusing user-generated content
Maintaining consistent use of registered trade marks
Protecting a brand online requires ongoing management, not just registration of trade marks.
Learn More
For more insights on protecting your intellectual property and building legally strong brands, visit:
https://www.elisesteegstra.com
About the Podcast
Elise Explains IP breaks down intellectual property issues in a clear and practical way for business owners, founders, advisors and professionals.
Each episode focuses on real-world brand, trade mark and IP issues that affect growing businesses — and how to manage them strategically.

The Katy Perry Trade Mark Case: What the High Court Actually Decided
Episode: Taylor v Killer Queen LLC [2026] HCA 5
Episode Overview
In this episode of Elise Explains IP, we unpack the High Court of Australia’s long-awaited decision in Taylor v Killer Queen LLC [2026] HCA 5 — widely known as the Katy Perry trade mark case.
The dispute involved an Australian fashion designer who registered the trade mark “Katie Perry” for clothing, and the global pop star Katy Perry, whose companies sold merchandise under the same name.
After years of litigation and conflicting outcomes in the Federal Court and the Full Federal Court, the High Court has now clarified how trade mark reputation and priority dates interact under Australian law.
The key takeaway: trade mark rights are assessed based on the position at the priority date — not with hindsight after someone becomes famous.
This decision reinforces the importance of early trade mark filings, evidence of reputation, and careful brand strategy.
What You’ll Learn
In this episode we discuss:
The background to the Katy Perry trade mark dispute
Why the Australian designer registered “Katie Perry” as a clothing trade mark
How Katy Perry’s companies challenged the validity of that trade mark
Why the Full Federal Court cancelled the registration
How the High Court reversed that decision
Why the 2008 priority date became the central issue in the case
What businesses should learn about trade mark timing and reputation
Key Legal Issues Explained
1. Priority Dates in Trade Mark Law
The High Court emphasised that the validity of a trade mark must be assessed at the time the application is filed.
In this case, that meant asking whether Katy Perry had sufficient reputation in Australia in September 2008 to make the “Katie Perry” clothing mark deceptive or confusing.
The Court held that the respondents did not prove that level of reputation at that time.
2. Reputation as a Ground for Cancelling a Trade Mark
Under the Trade Marks Act 1995 (Cth), a trade mark can be cancelled if its use would be likely to deceive or cause confusion because of an earlier reputation.
However, reputation must be proven with clear evidence at the relevant date.
Later fame cannot be used to retrospectively invalidate a trade mark.
3. Why the High Court Allowed the Appeal
The High Court found that the Full Federal Court had incorrectly concluded that the trade mark should be cancelled.
Instead, the evidence did not establish that the singer’s reputation in Australia at the relevant time was strong enough to invalidate the registration.
As a result, the High Court allowed Taylor’s appeal and restored the validity of the “Katie Perry” trade mark.
Practical Takeaways for Businesses
Although this case involved a global celebrity, the lessons apply to any business building a brand.
1. File trade marks early
The earlier you file, the earlier your priority date is locked in — and that can be critical in disputes.
2. Reputation must be proven
If you want to challenge a trade mark based on reputation, you need clear evidence of that reputation at the relevant time.
3. Courts won’t apply hindsight
Later success or fame doesn’t change the legal position that existed when a trade mark was filed.
4. Brand strategy is risk management
Choosing a name isn’t just a creative decision — it’s also a legal and strategic one.
Case Details
Case: Taylor v Killer Queen LLCCitation: [2026] HCA 5Court: High Court of AustraliaDecision Date: 11 March 2026
Key legislation discussed:
Trade Marks Act 1995 (Cth)
Section 60 – Reputation as a ground for opposing registration
Section 88 – Rectification of the trade mark register
Links and Resources
High Court decision:https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2026/5.html
High Court judgment summary:https://www.hcourt.gov.au/assets/publications/judgment-summaries/2026/hca-5-2026-03-11.pdf
Trade Marks Act 1995 (Cth):https://www.legislation.gov.au/Details/C2023C00187
My website:
www.elisesteegstra.com 
About Elise Explains IP
Elise Explains IP breaks down intellectual property law into clear, practical insights for:
business owners
founders and entrepreneurs
financial advisors and professional advisers
brand owners and creators
The focus is on helping businesses understand risk, protect their brands, and build valuable intellectual property assets.
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