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Intellectual Property


Our intellectual property lawyers combine in-depth litigation, advisory and transactional skills in patent, trade mark and copyright law.


  • LexisNexis in its defence of copyright infringement proceedings regarding the use of headlines from the Australian Financial Review in LexisNexis's subscription news abstract service known as ABE
  • Telstra by a 6:0 decision, in 2009 the High Court determined that IceTV (which makes electronic program guides) was entitled to copy parts of the Nine Network's weekly schedules.  Mallesons acted for Telstra Corporation Limited, which successfully intervened in the appeal as amicus curiae
  • Optiver, the largest derivatives trader on the Australian Stock Exchange, in copyright infringement and misuse of confidential information proceedings in the Federal Court of Australia against Tibra Trading
  • Telstra in the Copyright Tribunal proceedings concerning APRA|AMCOS' proposed licensing scheme for digital music downloads
  • Telstra and Sensis in landmark litigation against Phone Directories Company and Ors, in relation to whether copyright will continue to protect the Yellow Pages and White Pages directories.  Mallesons successfully acted for Telstra and Sensis when copyright in telephone books was upheld in the Desktop Marketing case (in 2002). Following an adverse Full Court decision, the question of whether copyright can subsist in compilations produced with the aid of computers (such as telephone books), is before the High Court for a special leave application, due to be heard in mid-2011.

Trade Marks

  • Mantra Group, Australia's second largest accommodation provider, in a Federal Court trade mark infringement case against a competitor accommodation provider, Tailly
  • SPI Spirits in a Federal Court litigation concerning the Stolichnaya trade mark, one of the world’s top vodka brands - this case is part of worldwide litigation and is likely to become one of the most significant trade mark cases in Australia
  • Sweet Rewards, the Australian distributor of Petra Foods Limited, on an IP litigation against Mars Australia
  • eBay Incorporated (eBay) in a dispute with furniture retailer and upholsterer Ubay in a dispute about the proposed registration of the UBAY trade mark
  • Lion Nathan in the first High Court case on trade marks in over 10 years - the Barefoot wine non-use dispute
  • Lion Nathan on successfully registering "New" as a trade mark and its fight to have "Extra Dry" registered.  We also advised on Lion Nathan's strategic brand compaign as part of its national power brands strategy
  • Sydney Opera House on the Sydney Seaplanes trade mark opposition and image protection program
  • adidas AG in its campaign to prevent the manufacture, importation and sale of shoes with three or four parallel stripes down the side of the shoe
  • Société des Produits Nestlé SA and Nestlé Australia Ltd in the sale of its Australian chilled dairy/yogurt business and the long term licensing of Nestlé's valuable intellectual property and high profile dairy brands to Fonterra
  • Nestlé Australia Ltd and Societe des Produits Nestlé S.A. in their acquisition of Fonterra's Peters ice cream business in Western Australia.


  • CSIRO on the structure of its global licensing agreements for the Ultrabattery technology
  • Alphapharm in the Full Federal Court appeal from the decision of the Federal Court of Australia in respect of regarding pharmaceutical patent revocation and infringement proceedings
  • Abbott Laboratories in relation to a patent infringement action concerning the weight reduction drug Reductil
  • Alphapharm in proceedings brought by AMR in relation to a patent for “substantially pure” fexofenadine
  • Medrad Inc and Imaxeon Pty Ltd in a patent infringement action which included an application for urgent interlocutory relief
  • University of Sydney in proceedings against Resmed relating to alleged breach of a patent licence agreement under which The University licensed to Resmed key mask technology used in the treatment of sleep apnoea
  • Colgate-Palmolive on the Australian launch of Colgate Sensitive ProRelief, a major new sensitive toothpaste using patented technology.

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