Intellectual Property

Henry Davis York provides 'a better customer experience than some of the larger firms', with clients appreciating the 'depth of the personal relationships with the lawyers'.
Asia Pacific Legal 500 (2012)

Internationally recognised clients from diverse industries such as financial services, pharmaceutical, media, fashion, manufacturing, retail and government departments entrust Henry Davis York's experts with protecting and maximising their intellectual property.

They rely on our strategic input as much as our legal skills to provide highly tailored advice which reflects their commercial imperatives. We assist clients with identifying, securing and commercialising their IP.

We provide brand protection services, dealing with issues from advertising concerns to trade mark clearance reports. Our team has extensive experience in enforcement of IP rights against infringement. We apply our expertise to provide clients with the best commercial outcomes in a cost effective manner.

Our practice area covers:

• trade mark applications and providing trade mark strategic advice
• management of global trade mark portfolios
• commercialisation of intellectual property
• trade mark opposition and removal proceedings
• intellectual property infringement proceedings, including advising on interlocutory measures to assist in the protection of intellectual property
• negotiating trade mark co-existence and settlement agreements  
• intellectual Property audits and due diligence
• copyright protection
• domain name disputes
• confidential information
• registered designs
• cross border issues such as anti-counterfeiting and parallel importing
• online IP issues.

Collette Dinnigan Pty Ltd and Collette Dinnigan International Pty Ltd

Acted for Collette Dinnigan Pty Ltd and Collette Dinnigan International Pty Ltd in Federal Court proceedings in relation to the trade mark 'Colette' used by Colette Accessories for its fashion accessories and whether its use was misleading or deceptive as against Collette Dinnigan's well known fashion range.

Henry Davis York also advises the Collette Dinnigan companies on various other trade mark matters in Australia.

Orient Capital Pty Ltd

Advised Orient Capital in a Supreme Court claim for breach of confidence against its principal competitor, Thomson Reuters.

Orient Capital sought damages and injunctive relief on the unauthorised use and disclosure of its confidential information. Orient Capital claimed that Thomson accessed its confidential online database that Orient Capital had made available to its subscribers.

Aspen Pharmacare Australia Pty Ltd

Management of Aspen's trade marks in numerous countries around the globe including providing strategic advice to the company on its global portfolio.

Global bank rebranding

Acted on behalf of a global bank on its re-branding in Australia following a takeover.

Westpac Banking Corporation trade marks

Assisted Westpac Banking Corporation on a range of IP-related matters including trade mark opposition proceedings, new product names and trade mark prosecution issues.

Commonwealth Bank of Australia

Assisted the Commonwealth Bank with issues relating to impersonation issues on a social networking website and removal of online content on blogs.

ABC Learning receivership

Advised the Receivers to the ABC Learning Group on various IP issues including IP licensing and enforcement.

Public sector IP

Our public sector practice includes a number of NSW government bodies such as RailCorp, the NSW Department of Environment, Climate Change and Water and NSW Architects Registration Board. Our work includes carrying out IP audits, advising on IP licensing and commercialisation and copyright infringement.