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

Head of Technology and digital economy

Ben has a range of experience in intellectual property, technology, and commercial matters...

Related thinking

Privacy| 30 Jan 2017

It’s nothing personal… Federal Court finds that ‘personal information’ must be information ‘about an individual’

On 19 January 2017, the Full Court of the Federal Court of Australia handed down its much anticipated decision in relation to whether certain types of network data stored by Telstra Corporation Limited (Telstra) was ‘personal information’ for the purposes of the Privacy Act 1988 (Cth) (Privacy Act).

IP Litigation & Dispute Resolution| 02 Dec 2016

PINK LADY in Chile: Australian industry wins trade mark case on appeal

Apple and Pear Australia Limited (APAL), the owner of well-known PINK LADY trade marks in over 80 countries, has been successful in its appeal to the Court of Appeal of Victoria against Pink Lady America, LLC (PLA) regarding rights over PINK LADY trade marks in Chile.

Copyright Update: Website blocking injunctions, Dallas Buyers Club and the law reform agenda

IP Litigation & Dispute Resolution| 06 Aug 2015

Copyright Update: Website blocking injunctions, Dallas Buyers Club and the law reform agenda

The past year has been a significant one for copyright law in Australia. In this update, we review the following recent developments in this area: