The long‑running Katy Perry trademark dispute has culminated in a highly anticipated High Court decision with significant implications for Australian trade mark law. In this timely seminar, Odette Gourley provides a clear and practical analysis of what the High Court decided and whether the door remains open for any further litigation. Explore how the decision reshapes the substantive grounds for trade mark cancellation, including how the law has changed. Odette will also unpack the High Court’s treatment of the discretion not to cancel a trademark, examining how it operates in practice and what the decision means for advising clients on registration, enforcement and risk.

Presenters

Odette Gourley, Partner, Corrs Chambers Westgarth
Odette Gourley is a senior partner and market leading lawyer in intellectual property law and related areas. In the course of her substantial career, Odette has been in leading trade mark and patent cases including in the High Court: Gallo Barefoot (trade marks), Hassle v Alphapharm (patents) and Peters Ice Cream (restraint of trade); in the Federal Court: AstraZeneca (doctor advertising of drugs); Winnebago (user principle damages for IP infringement), Johnsons Holiday Skin (substantiation of advertising claims by consumer research), Roche (scheduling scheme for therapeutic products), Novo v Cipla and Otsuka v Sun Pharma (patent term extensions). Odette has extensive industry knowledge including in relation to life sciences and pharma, food and beverages, consumer products and a range of other regulated industries. With her knowledge and experience, Odette advises and litigates across the full range of intellectual property law and associated areas including regulatory law (including privacy), administrative law, and competition and consumer law.

Kellie Stonier, Principal Lawyer, Stonier IP
Kellie has extensive experience in contentious and commercial intellectual property matters and in IP portfolio management. Kellie’s advice covers the full range of IP matters, including patents, designs, trade marks, copyright, competition & consumer law matters and confidential information. Qualified as both a lawyer and trade marks attorney, Kellie has particular experience in IP portfolio management and trade mark registrations, opposition and revocation proceedings, international brand protection, clearance and enforcement matters. Kellie has been involved in various Federal Court proceedings including in relation to patent infringement, trade mark infringement, trade mark registration cancellation, appeals from the Trade Marks Office, misleading and deceptive conduct and breaches of confidential information. Kellie's strong reputation for maintaining and enforcing her client’s IP rights extends beyond Australia, with many Australian and multi-national clients entrusting her to advise on their IP protection issues. Her track record working for major brands and on high stakes matters speaks for itself and earned her recognition as a leading intellectual property lawyer in Doyles’ Guide (2017 – 2021), as a leading Enforcement and Litigation IP professional in the World Trademark Review (2018 - 2021) and as a leading lawyer in Legal 500 Asia Pacific (2019, 2021).