Trade Mark Defences: Good Faith, Timing & Evidence

Wednesday, 12 November 2025
Defences to Trade Mark Infringements

 

  • What are “good faith” and “honesty” in the context of trade mark infringement defences?
  • Evidentiary issues and practical tips
  • Does timing matter for the purposes of the defences? 

Presented by Shauna Ross, Barrister, Nigel Bowen Chambers

Description

This program is applicable to practitioners from all States & Territories 

Chair

Anthony Franklin SC, 153 Phillip Barristers

Presenters

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.

OND2511N014

Trade Mark Defences: Good Faith, Timing & Evidence

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DELIVERY MODE BELOW

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Single Session
Wednesday, 12 November 2025
to Australia/Sydney
CPD Points 0.5
$90.00
$63.00
On Demand 20251201 20251112

On Demand

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