In the dynamic world of branding and intellectual property, securing the right trademark is paramount for businesses seeking to distinguish themselves in the marketplace. However, navigating the fine line between distinctiveness and descriptiveness can be a daunting challenge, and getting it wrong can prove to be a costly mistake.

The aftermath of the Federal Court's ruling on the $650 million compensation claim by former Mercedes-Benz dealerships against Mercedes-Benz has resulted in a multi-dimensional examination into the non-renewal of franchise agreements and the introduction of alternative agency contracts. What’s the impact of this landmark case on the Australian franchise industry?

Trademark protection is vital for preserving a brand's distinctiveness and preventing generic use/generalisation. Recent USA legal disputes, such as the ongoing Taco Bell and Taco John's case, serve as a good reminder for businesses to regularly review and reassess how they use and protect their trademarks.