Practice Profile & Fees
Our Professionals
 All
of our people at nicholasweston are law degree qualified, practising
lawyers throughout the country for commercial clients, large and
small. Each of our practitioners has extensive expertise in the
technical and legal issues which frequently arise in the handling
of trade marks portfolios. The Firm also makes apt use of specialist
outside trade marks professionals, barristers and investigators
to augment our capacity, reach and results.
Nicholas Weston is Principal of the firm and oversees the team’s
trade marks practice. He is a practicing solicitor and Australian
Registered Trade Marks Attorney experienced in national and international
trade marks applications and enforcement, including opposition proceedings
before the Australian Trade Marks Office. As the Principal of Nicholas
Weston Lawyers & Trade Marks Attorneys he has extensive experience
in business litigation as well as in trade mark disputes and brand
management. He has been nationally published in the Australian Intellectual
Property Journal on subjects including copyright and trade marks.
Mr Weston has been appointed to the International Trademark Association’s
(INTA) Law Firm Outreach Subcommittee of the Alternative Dispute
Resolution Committee (ADR) for the 2008 – 2009 committee term
Nicholas Weston
Principal Solicitor/Trade Marks Attorney
1300 132 551
mail@nicholasweston.com
Training and Education
Our practitioners enthusiastically participate in post-graduate
studies, with a particular focus on discrete and specialized trade
marks issues and some possess, or are engaged in obtaining, post-graduate
qualifications in intellectual property law. Our people have participated
in many Continuing Legal Education ("CLE") Programmes
addressing a wide variety of issues germane to the trade marks practitioner,
such as licensing of intellectual property, computer contract negotiation
and management, effective cross-examination of technical experts,
use of the internet as an aid in searching, and a host of other
subjects.
Noteworthy Cases
Some of our more noteworthy matters concerned:
>>An online information service – CrimeNet - the subject
of a national controversy, was threatened with being legislated
from existence by a Victorian Attorney General’s proposal
for Federal privacy regulation of fast access to previously difficult-to-obtain
public information. In addition, a national intellectual property
firm has advised CrimeNet that their trade mark was unregisterable
following the rejection of their application to IP Australia.
Nicholas Weston was appointed to act for CrimeNet and immediately
responded with a combined strategic and legal approach to both problems.
Policy submissions were made to a meeting of the Federal Standing
Committee of Attorney’s General (“SCAG”) which
was considering the issue, having the successful effect that the
State Attorney’s General were unable come to an agreement
to shut our client down. The CrimeNet trade mark application was
also successfully prosecuted through to registration by proving
that the mark was well known.
To avoid repeating the experience our client was advised to review
its systems to circumscribe highly prejudicial records and to expunge
records in accordance with legislative requirements.
>>A recruitment consultancy specialising in the provision
of IT contractors, had failed to register its trade mark and wished
to oppose an application by another company specialising in the
recruitment of temporary and contract staff.
Nicholas Weston filed an Application and Opposition Proceedings
then negotiated a settlement under which the other company abandoned
their position, acknowledged that they no longer contested our client’s
asserted rights and transferred their trade mark application to
the client at no cost. Settlement had additional benefit to our
client by ‘gazumping’ intervening applications for the
same trade mark.
Cost control
Nicholas Weston has made this issue the Firm’s point of difference.
We achieve cost control by knowing what the fees will be before
we begin, communicating efficiently, deploying resources appropriately,
responding to developments rapidly, and driving each matter forward
to a timely and satisfactory conclusion. Our Firm is committed to
the cost effective resolution of any disputes. We are experienced
in the preparation of budgets and, where appropriate, are open to
discussion of alternative fee billing arrangements. Our people personally
handle and develop each trade marks portfolio so as to provide an
intellectual property strategy which is fully integrated with each
client’s commercial interests. We have assisted national firms
as local agents in numerous cases and are proven and cost-effective.
In contentious matters, we work with our clients toward early case
evaluation and resolution before substantial fees are incurred.
While we are experienced in alternative dispute resolution such
as arbitration, we prepare with the intention to go to a hearing
in those cases where a hearing is necessary.
Our Fees
A Schedule of Fees is available on request.
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