Wednesday, 12 November 2025
Overview of Recent FCAFC Decisions
- Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd
- Ownership and prior use
- FanFirm Pty Ltd v Fanatics
- Caporaso and Section 62B Trade Marks Act
- Material misrepresentation by the applicant
Presented by Angela McDonald, Barrister, 5 Wentworth Chambers
Chair
Anthony Franklin SC, 153 Phillip Barristers
Description
This program is applicable to practitioners from all States & Territories
Presenters
Angela McDonald, Barrister, 5 Wentworth ChambersAngela 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.
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.