IP Litigation & Dispute Resolution

 
IP litigation and related disputes can be an unwanted distraction for any business, whether enforcing its right as the IP owner or defending infringement claims.

We work with our clients to assess the risks and rewards of pursuing all actions at the outset, weighing up the commercial benefits, the chance of success and the financial impact of any dispute.

We have expertise across all areas of IP litigation, including enforcing and defending copyright, design, patent and trade mark infringements and related claims under the Competition and Consumer Act 2010 (Cth). We also work with our litigation lawyers who have IP disputes experience to complement our core IP team.

Experience

  • Acting in respect of numerous trade mark, copyright, design and patent infringement matters.
  • Advising a complex and multi-jurisdictional trade mark dispute concerning a client’s well known and valuable registered trade marks in Chile.
  • Acting for a Hong Kong based global logistics service supplier in respect of trade mark infringement, passing off and misleading and deceptive conduct proceedings brought against it in Australia.
  • Acting for a New Zealand based joint venture company in relation to enforcement of its plant breeder’s rights (PBR).
  • Acting for a property fund group on an ongoing trade mark dispute around one of its funds.
  • Acting for a manufacturer in high-profile design infringement proceedings and associated consumer law claims.
  • Advising a national financial services group on obtaining injunctions against former licensees for trade mark infringement, misleading and deceptive conduct, and breaches of licensing agreements in the Federal Court.

Key contact

Ben Hamilton

Partner & Technology and Digital Economy Co-Lead

Head of Technology and digital economy

Ben specialises in technology law, intellectual property and commercial contracts, trade marks and commercialisation.

Related thinking

Intellectual Property| 19 Sep 2023

Trade mark owners: use your trade mark, or risk losing it (a vital reminder)

The recent Federal Court decision in Seven Network (Operations) Limited v 7-Eleven Inc [2023] FCA 608 serves as an important reminder for Australian trade mark owners.

Intellectual Property| 11 Nov 2022

Bruce Willis makes deepfake technology relevant. What do gamers need to know about this technology?

Deepfake technology is becoming increasingly sophisticated and is attracting interest from the gaming and entertainment industry. What are the legal risks associated with its use?

Intellectual Property| 13 Oct 2022

Latest legal trends in gaming

Hall & Wilcox Partner James Deady discusses key legal issues facing the billion-dollar gaming sector, including venture capital investment and M&A activity.

Intellectual Property| 04 Oct 2022

Certification of Australian Fashion trade mark: are you eligible & are you interested?

To help drive demand for Australian brands and future-proof the Australian fashion and textile industry, the Australian Fashion Council is developing an ‘Australian Fashion’ certification trade mark.