Lucy Davis has expertise in commercial litigation specialising in intellectual property law, with experience in trade mark proceedings, non-use applications and oppositions, copyright disputes, design infringement proceedings, patent proceedings and oppositions, as well as disputes concerning confidential information, consumer and competition law and franchising law.

Landline Phone
03 9225 7468
Mobile Phone
0417 135 161
Level 18 Room 16, Emmerson Chambers
200 Queen Street
Melbourne VIC 3000

Lucy accepts briefs in commercial law with a keen interest in intellectual property, consumer law and the automotive industry. She approaches briefs with a commercial mindset and a true understanding of business complexity and drivers. Lucy was recognised in Doyle’s list of Leading Intellectual Property Junior Counsel – Australia 2022; Doyle's list of Leading Intellectual Property Junior Counsel - Victoria, 2021 & 2022; Doyle’s list of Leading Technology, Media & Telecommunications Junior Counsel - Victoria, 2020, 2021 & 2022 and Doyle’s list of Emerging Intellectual Property and TMT Junior Counsel – Australia, 2017.

Her recent experience includes:

  • Intellectual Property: advising and appearing in a range of disputes in the Federal Courts, the Trade Marks Office and the Patents Office. Her work has involved advice on substantive rights, intellectual property management, preliminary dispute resolution, initiating proceedings, drawing pleadings, evidentiary preparation, mediations and hearings.
  • Consumer law and franchising: Lucy draws on her experience at Toyota Australia to assist clients in relation to consumer law matters and also to understand and protect their rights under franchising arrangements. Her briefs have included matters concerning misleading and deceptive conduct including the effect of trade dress and breach of consumer guarantees.
  • Commercial law: advising and appearing in contractual disputes including those involving misuse of confidential information; contractual breaches; advising in relation to the Australian Design Rules and regulatory requirements for packaging.

Lucy’s experience as a solicitor, including managing the legal department at Toyota Australia, allows her to provide advocacy and advice that is commercially sound. Lucy commenced as a lawyer at Corrs Chambers Westgarth managing contentious and non-contentious intellectual property and information technology matters. At Toyota Australia, Lucy was recognised for her ability to deal with complex matters including those involving regulators and franchisees navigating the legal framework and commercial objectives.

Lucy has been responsible for strategic management of international taxation issues including analysis of corporate wide transactions and profitability, evidentiary preparation including selecting and instructing experts preparing independent reports, consideration of impact of Mutual Agreement Protocol meetings and negotiation of Advanced Pricing Agreement.

Lucy has advanced analytical skills and she was conferred a Master of Laws from University of Melbourne which included a thesis in intellectual property. She is regularly asked to present on intellectual property issues and her analysis is regularly published.

Lucy was the Chief Examiner and lecturer in Copyright and Designs at Monash University. She is on the editorial panel of the Australian Intellectual Property Law Bulletin.

Lucy read with Peter Wallis QC and her senior mentor is Philip Solomon QC.

Reported decisions

  • Henley Arch Pty Ltd v Henley Constructions Pty Ltd [2021] FCA 1369 (led by T Cordiner QC), trade mark infringement and contravention of Australian Consumer Law [decision subject to appeal; currently reserved]
  • Clover Corporation Limited v Tobias [2020] FCA 1244 (led by IP Horak), opposing stay of an interlocutory order pending leave to appeal
  • PositiveG Investments Pty Ltd as Trustee for the PositiveG Trust v Li [2020] FCCA 2548, summary judgment for design infringement
  • Steven Borovec v K-fee System GmbH [2020] APO 2 (led by IP Horak), acting for opponent to patent registration
  • Comite International Olympique v Tempting Brands Netherlands BV [2019] ATMO 41, opposing trade mark application (subject to appeal; currently reserved)
  • Archibald v Powlett [2017] VSCA 259 (21 September 2017) (led by M Bearman), acting for respondent in appeal from County Court decision (pro bono)
  • Mercedes-Benz Australia/Pacific Pty Ltd v Commissioner of State Revenue [2016] VSCA 194 (led by M Flynn QC), acting for taxpayer

Selected unreported / settled matters

  • Acting for product owner in copyright and consumer law claim against imitator (2020-2022)
  • Acting for clothing brand owner in dispute with competitor over various consumer law contraventions (led by T Cordiner QC, 2021)
  • Acting for innovative manufacturer protecting confidential information (lead by IP Horak, 2020-2022)
  • Acting for aeronautical engineering company seeking declaration of unjustified threats and defending claim of patent infringement (led by IP Horak, 2020)
  • Acting for purchasers seeking specific performance of purchase of land (2018/19)
  • Acting for B2B e-commerce site protecting confidential information (2018/19)
  • Acting for trade mark owner seeking to enforce rights and defend non-use application (led by T Cordiner QC and P Wallis QC, 2019)
  • Acting for trade mark owner in infringement proceedings (led by T Cordiner QC, 2017/18)

Selected recent publications

  • ‘When copying is OK — Chuchka escapes liability’ (2021) 33(9) IPLB 160
  • ‘Craft beer, banks and fastcards: case note of opposition proceedings’ (2018) 31(6) IPLB 98
  • Peter Wallis and Lucy Davis, ‘Protecting intellectual property rights: interlocutory injunctions’ (2017) 30(5) IPLB 109
  • Helen Symon, QC and Lucy Davis, ‘Is a ‘statutory fiction’ necessarily a horror story for taxpayers?’ (2016) 51(4) Taxation in Australia 203
  • ‘Trade mark cases update: wild geese and smoking cigars’ (2016) 29(9) IPLB 206

Selected recent presentations

  • Patent Opposition Masterclass, 2 day comprehensive and practical masterclass designed and delivered together with Ben Fitzpatrick and Ian Horak for IPTA, 2020 (Melbourne) & 2021 (Sydney)
  • Interlocutory injunctions – managing intellectual property disputes, 2018
  • Introduction to Copyright, Law Institute of Victoria, 2017
  • That’s not fair! Impact of the unfair contract terms regime, 2016/2017
  • The International Fiscal Association’s panel discussion on the implications of the Federal Court’s transfer pricing decision Chevron Australia Holdings Pty Ltd v Commissioner of Taxation [2015] FCA 1092

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