Intellectual Property Lawyers

“We are lawyers with a passion for Intellectual Property Law”

Experience that counts

Established in 2000, Nicholls Legal is a law firm located in South Melbourne, Australia.  Our general areas of practice include Technology, Communications, Intellectual Property, Defamation, Commercial Law and Disputes – including specific expertise as Intellectual Property Lawyers.

Typical Intellectual Property Law matters that we have worked on include:

  • Advice on all aspects of copyright, circuit layouts, plant breeders’ rights, trade marks, confidentiality and trade secrets.
  • Trade mark registrations and protection.
  • Advice in relation to passing-off and misleading/deceptive conduct.
  • Acting for the purchaser in the acquisition of a software development company in New South Wales.
  • Acting for numerous clients in relation to intellectual property and technology development and exploitation: sale/assignment, joint venture, licence, maintenance, supply and distribution, equipment rental and confidentiality agreements.
  • Defending a trade mark user against allegations of trade mark infringement from the owner of a well known Australian trade mark.
  • Defending a claim of trade mark infringement in relation to “compatible” printer cartridge toners.
  • Acting for a firm of architects in relation to a copyright dispute concerning a property development for over 200 villas.
  • Advising a firm of architects in relation to copyright issues.
  • Advising in relation to a copyright dispute between co-authors.
  • Advising in relation to intellectual property created during and post-employment.
  • Advising numerous clients in relation to protection of ideas and new products.

We have successfully represented parties in litigation at all Australian Superior Court levels, including the Victorian Supreme Court, the Victorian Court of Appeal, the Federal Court of Australia and the High Court of Australia.

In addition to our expertise as Intellectual Property Lawyers, we also specialize in Cloud Law, Commercial Law & Business Law, Communications Law, Competition & Consumer Law, Defamation & Media Law, Information Security & Privacy LawInternet Law and Technology & IT Law.

See our publications on Intellectual Property Law here.

Competitive Fees

We offer very competitive fees including a free initial consultation.  Please contact Matthew Nicholls (ph: +61 3 8376 7131) to discuss your Intellectual Property Law requirements.

For trade mark registrations, we are ultra cost-competitive, with low-rate searching and a flat rate registration option – coupled with our extensive experience in trade marks advice and registrations.  See our Trade Marks Fee Schedule.

Our latest Intellectual Property Law eNews items are below:

  • US Judge suggests evidence that Apple took part in eBook pricing conspiracy- From Cellular News:  A US Federal Judge has stated that there is likely evidence that Apple had conspired to increase the price of eBooks. Apple has previously refused offers from the US Department of Justice  (DOJ) to settle, as part of the DOJ’s ongoing investigation into the pricing of eBooks. At a pre-trial hearing US […]
  • Microsoft Launches Patent Monitoring Service- From Forbes and Microsoft:  Microsoft has launched a service designed to enable anyone to determine which of its patents are owned and by whom.  The internet based patent monitory service tracks changes to a variety of Patent Registers in Europe and North America to help with its cause.  The Patent tracker can also track changes to patent families and […]
  • What Australian businesses need to know about cloud compliance- From ZDNet:  Australia often draws up regulation based on tried and tested laws from around the world. But there are times when the country pushes for bold new legislation that may be out-of-step with our technology-centric modern society. Prime examples of these include changes to its Privacy Act, which have taken four years to reach […]
  • Damages slashed in Apple v Samsung- A US Judge has slashed the US$1.05 billion in damages awarded to Apple in their ongoing patent dispute with Samsung, and a new trial has been ordered.  The original order against Samsung was handed down on August 31 2012 and was Apple’s single largest victory in their numerous suits against Samsung for alleged violation of […]
  • Samsung questions Apple patents- From ZDNet:  In the ongoing patent dispute between Apple and Samsung in the Australian Federal Court, Samsung counsel Richard Cobden has questioned the validity of the Apple gesture patents that Samsung is alleged to have infringed, stating that a “beautiful or elegant” gesture is not something that can be patented. The long-running case kicked off […]
  • Google Sues British Telecom in Retaliation for Android Lawsuit- From Cellular News:  Google has launched a patent lawsuit against UK based landline operator, British Telecom (BT) as the two sides escalate a patent battle. BT had initiated the fight in late 2011 after it sued Google over a series of mobile patents which it said were being infringed in Android smartphones. Google has now […]
  • Federal Court provides clarity on internet simulcasting- From the Australian Copyright Council:  The Federal Court has unanimously ruled in favor of artists and recording labels, by overturning a previous decision regarding internet simulcasts. The PPCA (representing the artists and recording labels) in its press release reports that it “has won a declaration that internet simulcasts of radio programs fall outside the definition […]
  • BYOD could open businesses to copyright litigation: BSA- From ZDNet:  Most businesses are aware of the repercussions of using pirated or counterfeit software; however, with the consumerisation of IT, many employees may be opening up their employers to increased liability without the business even knowing it. Speaking to ZDNet, Business Software Alliance (BSA) chair Clayton Noble said that while businesses that are purposely […]
  • Australia does not sign up to International Telecommunications Regulations on Internet Law- From DBCDE: The Minister for Broadband, Communications, and the Digital Economy, Senator Stephen Conroy, today confirmed that Australia will not sign a revised international telecommunications treaty on internet law, as it has the potential to fundamentally change the way the internet operates. Over the past two weeks, the World Conference on International Telecommunications (WCIT) has […]
  • Intellectual Property Protection Tips- From NYT: The two most precious resources for any small-business owner are time and money. That’s why when the subject of intellectual property comes up, many owners run in the other direction. They see images of expensive lawyers and use that as an excuse to ignore the topic, reasoning that it is a problem for […]
  • Yahoo Hit With $2.7B Verdict In Mexican Court Case; Will Appeal- Yahoo this afternoon said a Mexican court has ordered the company to pay $2.7 billion in a case filed by a pair of companies that publish telephone directories. The verdict was issued by the 49th Civil Court of the Federal District of Mexico City, in a case filed by Worldwide Directories S.A. de C.V. and Ideas […]
  • ACCC, eBay seek cloud copyright clarity- ITNews reports that eBay has joined Australia’s competition watchdog in urging the Government to iron out technology-specific “anomalies” in cloud copyright law that could harm the development of cloud services. The two organisations are among 181 so far to make submissions to an Australian Law Reform Commission (ALRC) issues paper. Submissions were published yesterday. The […]
  • Cloud Law Issues in File-Sharing’s Future- Last month Megaupload founder Kim Dotcom, who is facing charges in the United States for engaging in digital piracy, announced that he would relocate a new version of his site, Me.ga, outside the United States. The belief was that this would free him from coming under fire by U.S. law enforcement, but Gabon — which […]
  • ACCC starts legal proceedings against Harvey Norman franchisees- The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court in Sydney against eleven Harvey Norman franchisees for allegedly misrepresenting consumer rights. The Harvey Norman franchisees are: Avitalb Pty Limited, located in Albany, Western Australia Bunavit Pty Limited, located in Bundall, Queensland Camavit Pty Limited, located in Campbelltown, New South Wales Gordon […]
  • Half of internet users unsure if internet content is legal- Nearly half of all internet users are unsure whether the content they are accessing online is legal, Ofcom research has found. However, one in six people online believed they downloaded or accessed content illegally over a three-month period this year. The findings come from the first wave of a large-scale consumer study into the extent […]