Gain an expert-led and focused update on trade mark litigation essentials, from recent cases and FCAFC decisions through to an extensive examination of unjustified threats of trade mark infringement, defences, non-traditional trade marks & strategic use of evidence in trade mark litigation. Take a deep dive into landmark recent cases including Katie Perry, Cantarella Bros Pty Ltd v Lavazza Australia and FanFirm Pty Ltd v Fanatics. Gain expert insight and clarity on the risks, damages and liabilities of unjustified and improper threat of trade mark litigation. Examine key defences in trade mark litigation. Discover best practices for litigation of non-traditional marks, distinctiveness claims and shape marks plus the essentials of strategic use of evidence in trade mark litigation.

Presenters

Angela McDonald, Barrister, 5 Wentworth Chambers
Angela practices in commercial law and has particular expertise in all aspects of Intellectual Property including patents, trade marks, copyright, designs and consumer protection. Angela regularly appears in the Federal Court of Australia, including the Full Court, various state Supreme Courts, the Patent Office and the Trade Mark Office. Prior to coming to bar, Angela was a solicitor in two specialist IP firms. Angela was also the Associate to Justice Nicholas of the Federal Court of Australia where she gained extensive experience in intellectual property disputes and large commercial matters. Please see her curriculum vitae below for more details including her publications and memberships.


Brett Doyle, Director, Brands & Trade Marks, Clayton Utz
Brett Doyle is a Director responsible for the Clayton Utz Trade Mark and Brand Protection Group. He is both a lawyer and a registered trade mark attorney with over 30 years' experience in intellectual property. He was previously a partner in a major international law firm; has worked at specialist patent and trade mark attorney firms as well as holding the position of the General / IP Counsel for an Australian advertising agency., Brett has acted in all manner of IP issues including contentious disputes, administrative proceedings and non-contentious contractual and licensing matters. He has been involved in some of the most important trade mark cases decided by Australian courts over the last 20 years. He has advised on the strategic development and protection of trade mark portfolios, including removal, opposition, and on infringement actions and trade mark licensing. Brett sits on IP Australia's Trade Marks & Designs Consultation Group as the delegate for the International Trademark Association (INTA) and is on INTA's Trademark Office Practice Committee and also on the Geographical Indications Committee of Marques, the principal European professional body for trade mark owners and practitioners.

Sam Hallahan, Barrister, 5 Wentworth Chambers
Sam Hallahan is experienced in commercial litigation, with particular expertise in Intellectual Property. Before coming to the Bar, Sam practised as a solicitor for 7 years in Intellectual Property and general commercial litigation, where his work included matters for large pharmaceutical and commercial clients. At the Bar, Sam has appeared in first instance and appeal proceedings in the Federal Court of Australia, and in the Federal Circuit Court, the Supreme Court of New South Wales, the Local Court of New South Wales, the New South Wales Civil and Administrative Tribunal (NCAT), and in opposition proceedings at IP Australia. Sam accepts briefs in respect of all types of commercial matters. In 2020, Sam was listed by Doyle’s Guide for Intellectual Property Junior Counsel. Sam also teaches the subject “Intellectual Property Law” to Juris Doctor and Masters students at the University of New South Wales.

Anthony Franklin SC, 153 Phillip Barristers
Anthony Franklin SC is an intellectual property barrister with extensive international experience. He was called to the bar in South Africa in 1982 where he practised until 1998, taking silk in 1996. Since 1998 he has been a member of the NSW Bar, taking silk in 2003. He is also a member of the London Bar. Principal practice areas include Intellectual Property advice and litigation -- Patents, trade marks, copyright and registered designs, trade secrets and confidential information and Trade Practices. In South Africa Anthony has appeared in a large number of leading copyright, trade mark and patent cases. From the early 90s he appeared in more than two thirds of the reported patent cases. He came to Australia in 1998 as one of South Africa's leading IP silks. In Australia he has established a substantial intellectual property practice, with a particular emphasis on patent litigation, but including copyright, trade marks and designs. He was granted silk by the NSW Bar Association in 2003. In 2004 to 2005 he practised in London as a member of Hogarth Chambers in Lincoln's Inn, one of the UK's leading intellectual property sets. He returned to Sydney at the end of 2005, although he continues to take briefs in South Africa and the UK. Throughout Anthony's practice his main specialism has been patent litigation. He has appeared in a large number of reported patent cases in diverse fields including pharmaceutical (biotechnology and organic chemistry), engineering (mechanical, mining, chemical and electrical), gaming technology and consumer goods. Anthony also takes briefs in other fields and he has appeared in a variety of general commercial cases often involving contractual disputes in areas of complicated technology. He also advises on aspects of the law in relation to Information Technology. Anthony has experience in professional negligence claims including a Federal Court claim by a major construction company against one of the big accounting firms and by a client against its former patent litigation solicitors.

Shauna Ross, Barrister, Nigel Bowen Chambers
Shauna was called to the Bar in April 2012. She predominantly practices in all areas of intellectual property law. Shauna’s considerable experience in IP law complements her commercial litigation practice. Prior to being called to the Bar, Shauna was a solicitor at a multinational law firm in Sydney and in house at British American Tobacco in London where she worked for General Counsel and was involved in the centralised protection of BAT’s IP assets with a particular focus on Asia Pacific, Europe and the Middle East. Shauna has substantial experience in intellectual property litigation, intellectual property advisory work and prosecutions at IP Australia, routinely appearing unled or led by highly regarded Senior Counsel. Examples of significant cases that she has appeared in as counsel include: Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd; Trident Seafoods Corporation v Trident Foods Pty Ltd; FanFirm Pty Limited v Fanatics, LLC; JR Consulting & Drafting Pty Ltd & Anor v Cummings & Ors; Copyright Agency Limited v Isentia Pty Ltd and Meltwater Australia Pty Ltd and; Community First Credit Union Limited v Bendigo and Adelaide Bank Limited. Shauna has acted for Australian and international clients in a diverse range of industries including media, mining, construction, fashion, FMCG, health, beauty, retail, sport, food and beverage, pharmaceuticals, tobacco, manufacturing, chemicals, automotive, electronics, agriculture, government, financial services, education, travel, telecommunications and professional services. Shauna has been recognised by: Chambers and Partners 2023, 2024 and 2025; The Legal 500 Asia Pacific in 2022, 2023, 2024 and 2025 and; Best Lawyers in Australia 2023, 2024, 2025 and 2026 Editions: Recognised for Intellectual Property and Litigation Law.

Eleni Carydis, Associate, Corrs Chambers Westgarth
Eleni is an Associate in the intellectual property team at Corrs Chambers Westgarth, with a focus on IP litigation and disputes. She has been involved in contentious trade mark and patent litigation, including in the original and appellate jurisdiction of the Federal Court and the High Court of Australia. Eleni has experience advising clients in respect of copyright, trade mark, consumer law and image rights concerns, including in respect of publicity rights and brand protection. Eleni has advised a diverse range of clients, including those operating in the digital platform, AI, hospitality and entertainment sectors.