Disputes

If you believe your IP rights or rights under a contract have been breached please contact us.

If you have received a letter demanding you “Cease & Desist” contact us IMMEDIATELY.

Legal disputes are expensive and time consuming, and a distraction that any business can do without. IP disputes, are no different and are often more difficult than most commercial disputes. There is rarely such thing as a “cast iron case” and costs can mount up quickly even before court action commences. It is not uncommon for costs issues to dominate and often spoil settlement of the dispute.

Consequently, your business needs a clear idea of where its strands in a dispute situation at a very early stage to allow you to determine the most efficient dispute resolution strategy.

Whether you are the plaintiff or the defendant we will help your business deal with the dispute in the most efficient matter possible to achieve commercially sound outcomes. This may mean going to court or reaching a quick early settlement on the matter.

Generally, settlement is a much better, controlled and efficient option to the resolution of a dispute. Your legal costs will be significantly less than commencing legal action and much less than a full trial. It takes significantly less time to end the dispute and allows you to get back to concentrating on running your business. You will also know the outcome as it will be set out in black and white in the settlement deed, which is usually a relatively short document of several pages, rather than a 50 page judgment of a court, which may be subject to appeal to a higher court or bench.

However, settlement is a two way process and if attempts to settle do not work, it will be necessary to resort to legal process. Generally, this does not immediately mean adversarial court action, as the parties may be required to attend mediation and other forms of alternative dispute resolution before commencing court action.

We can assist your business with all aspects of the dispute resolution process, from pre-action correspondence and settlement negotiations, pre-trial processes, commencing or defending proceedings in the Federal Court and preparing for trial.

If your IP rights are being infringed or the other party to a contract are in breach call us today to discuss your infringement strategy.

If you have received a letter demanding that you Cease & Desist infringing someone else’s IP or other rights call us NOW. We urge you not to ignore such letters. The next set of documentation you may receive may be notification of commencement of court action against your business.

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This is how we've helped others

  • Hanna Myllyoja

    "Marshall IP Group has been assisting SAI Global with its trade mark, IT and other intellectual property agreements for over 4 years now. They have demonstrated a good understanding of our businesses and services and this commercial understanding is applied to the legal advice and assistance they have provided. They have shown expertise beyond their size and (regional) location and an ability to stand their ground against their City counterparts: you get the quality of a city law firm partner but you are not charged the big city law firm rates. They are pro-active, commercially sensible and this has given me, as a busy in-house Corporate Counsel and Company Secretary, peace of mind in relation to SAI Global’s national and international IP Portfolio and other legal needs. "

    Hanna Myllyoja - Group General Counsel & Company Secretary, SAI Global Ltd (ASX:SAI)
    Read More >
  • Dr Elizabeth Eastland

    "Marshall IP Group has been a supporter of the iAccelerate from its very beginnings. iAccelerate is a state of the art incubator for start-ups and early stage technology businesses located at the University of Wollongong’s Innovation Campus. Marshall IP Group’s CEO, Tim Marshall, has provided thorough, thoughtful and insightful contributions to iAccelerate providing informative seminars, workshops and advice for many of iAccelerate’s companies. Marshall IP Group demonstrates a commitment to the innovation agenda for Australia and the Illawarra region. "

    Dr Elizabeth Eastland - Founder and Former CEO, iAccelerate, Current General Manager, Strategy, Market Vision and Innovation, CSIRO.
    Read More >
  • Ann Bailey

    "Marshall Legal helped us out with a particularly nasty allegation of IP rights infringement. They quickly got to the nub of the problem and navigated the complex regime of trade marks and copyright law to diffuse the situation. Not only were the allegations withdrawn but we got our costs back. I would recommend Marshall Legal; not only did they get us a great result, they put our minds at ease throughout the proceeding."

    Ann Bailey - The Weight Escape, (Author) and Clinical Psychologist
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  • Craig Osborne

    "I am delighted to recommend Tim Marshall and the team at Marshall IP Group for all aspects of intellectual property and technology law. Marshall IP Group fills an important space in the legal market in regional Australia and Australian capital cities. The businesses that I am heavily involved in, RMB Lawyers and Unison Outsourcing, have both enjoyed excellent advice and customer service from Marshall IP Group in relation to trade marking our businesses and protecting our brand."

    Craig Osborne - Managing Partner, RMB Lawyers and CEO, Unison Outsourcing Pty Ltd
    Read More >
  • Danny and Sylvia Wilson

    "Nobody likes to have to fight a court case and especially one against an internationally based company, but that was what we found ourselves facing in 2012. We were so lucky we found Tim Marshall of Marshall Legal. We highly recommend his services to anyone who wants a good business lawyer that gives good solid advice on all matters, including Intellectual property matters, trademarks and Patent attorneys who have proved invaluable to our business"

    Danny and Sylvia Wilson - Founders BarkBusters International and Global Dog Pty Ltd
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