Markport

02/04/2026

Nintendo (任天堂) is often interpreted to mean "leave luck to heaven".
It is a great story, but in intellectual property you cannot rely on luck. Strong brands survive because the owners plan ahead, clear their trademarks, file early and protect their assets with intention. Nintendo did not build Mario, Bowser or Princess Peach on chance. They built them on strategy.

02/04/2026

The UGG-ly Truth: An Australian Original Claimed by the World

“Ugg” is generic in Australia, but a registered trademark in many other countries. This means a name you can freely use at home may expose your business to infringement when selling overseas.

Many SMEs expand online without realising they are already operating in foreign markets. Trademark rights are territorial, so always check your brand before you enter a new country.

Read more:
https://markport.com.au/the-ugg-ly-truth-an-australian-original-claimed-by-the-world/

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01/04/2026

Taylor Swift’s "Life of a Showgirl" title ran into trouble because it was too similar to Maren Wade’s earlier registered trademark “Confessions of a Showgirl”. The issue was confusing similarity and both artists working in overlapping entertainment industries.

When two brands share a similar concept and target the same audience, consumers may struggle to distinguish between them. This creates a real risk of confusion and exposes the newer brand to potential trademark infringement claims.

For SMEs, the solution is simple: Choose and develop a distinctive trademark that clearly sets your brand apart and avoids conflict or confusion in the market.

Read our full article here:
https://markport.com.au/swift-v-wade-the-trademark-of-the-showgirl/

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26/03/2026

Sell Me Your Name: How Jo Malone Lost Control

Using your own name as a brand makes sense when you’re the creative force behind a business. But once that name becomes a trademark and you sell the brand, you may also be handing over control of your own identity in the market. The Jo Malone case shows how quickly that shift can happen.

Read the full article here:
https://markport.com.au/sell-me-your-name-how-jo-malone-lost-control/

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24/03/2026

Minogue vs Jenner: How to Own the Kylie Trademark

Using your first name as a trademark can be a strong personal branding strategy, but only if you are actually clear to use and register it. Before you make any major business plans, you need to confirm that no one else already holds conflicting rights in the same or related markets.

If a conflict does arise, a co-existence agreement can be a workable solution. It must set out clear rules on how each party may use their trademark and which business areas each side must avoid to prevent confusion.

Read the full article here: https://markport.com.au/minogue-vs-jenner-how-to-own-the-kylie-trademark/

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23/03/2026

Starbucks vs Sattar Buksh: A Trademark Lie We Love to Believe

You must have read about the story. A small café in Pakistan supposedly defeated Starbucks in a trademark battle.

It sounds amusing. It sounds clever.

But the reality is far less exciting.

There was no court victory. The case never reached court. It was settled, with Sattar Buksh adjusting its branding and issuing disclaimers to avoid legal risk.

This is the part that gets lost in viral posts and memes.

What gets shared online is a feel-good version of events. What actually happened was a practical compromise.

This is all amusing on social media. But if you are serious about branding your business, choose a trademark that you can call your own.

Build something original. Protect it early.

Read more here:
https://markport.com.au/sattar-buksh-a-trademark-lie-we-love-to-believe/

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22/03/2026

Same Crocs, New Courts: TM Battles in PHL and India

Same crocodile. Same brands. Different results.

In the Philippines, the court allowed the mark. In India, the court found infringement. Why?

Because trademark rights are territorial, and how you use your mark in the market matters just as much as how you register it.

This case is a practical reminder: your brand is not just what appears on your certificate. It is how you actually use it in business.

Read the full breakdown:
https://markport.com.au/same-crocs-new-courts-tm-battles-in-phl-and-india/

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12/03/2026

Most people assume the most famous brand wins a trademark dispute.

The Katy Perry trademark case shows why that assumption can be wrong.

In trademark law, priority often matters more than popularity. A smaller business that secures its trademark early can still hold the stronger legal position.

The High Court decision in Taylor v Killer Queen LLC is a clear reminder for SMEs: choose your brand early and register it early.

Read the full article:
https://markport.com.au/first-beats-famous-katies-parry-in-the-trademark-world/

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02/11/2025

A good brand begins with a good story.

As a trademark attorney, I often remind clients that a logo or name is only the surface of a brand. What truly creates value and lasting protection is the story behind it, how it began, what it represents, and how it connects with people.

This Business Insider series features nine fascinating brand stories that show how purpose, identity, and creativity shape some of the world’s most recognizable names. It is a great reminder that trademarks are more than legal protection, they capture the stories that move us to build something meaningful.

🎥 Watch here: https://youtu.be/LQlGuahgCHk?si=w7iGIHO2uAZ4qgWl

From a family-run iced tea that refused to raise its price for over 30 years to a video game company that transformed a dying industry, we trace the journeys...

31/10/2025

08/10/2025

A Bitter Rebrand of a Sweet Name: Cinnabon vs Cinnabuns

Your business name can be your biggest asset or your most expensive mistake.

The Cinnabon vs Cinnabuns case shows what can happen when brands overlap. For many small businesses, a trademark dispute could mean a $150,000 lawsuit or a $50,000 rebrand.

Being careful at the start prevents bigger issues later on. It always pays to get proper trademark and branding advice early in your business journey.

Read the full story:
👉 https://markport.com.au/a-bitter-rebrand-of-a-sweet-name-cinnabon-vs-cinnabuns/