Recent examples of Ryan’s experienc­e as counsel include:

Trade marks

The Agency Group Australia Limited v H.A.S. Real Estate Pty Ltd [2023] FCA 482
Alleged infringement under s 120(1) – registered composite and logo marks – whether words used in website URLs and social media handles used as trade marks – whether regard may be had to the context in which the allegedly infringing mark is used – whether descriptiveness of registered mark relevant to assessment of deceptive similarity – admissibility and relevance of evidence of trade usage of elements of a mark – whether defence under s 122(1)(b) available

Ice Cream Group Australia Pty Ltd v Australasian Food Group Pty Ltd [2023] ATMO 8

Oppositions to registration - s 41 considered – no ordinary signification – trade marks inherently adapted to distinguish claimed goods – registration of trade marks allowed

O'Brien Boiler Services Pty Ltd v O'Brien Glass Industries Limited [2023] ATMO 6 
Oppositions to registration – s 44 established in relation to opposed services – evidence of other circumstances insufficient – registration of trade marks refused

SurfStitch Pty Ltd v One Day Bridal Pty Ltd [2022] ATMO 120
Application under s 92 – removal sought for entire registration – no use demonstrated in relevant period – discretion not exercised – registration to be removed

Copyright and misuse of confidential information

Directed Electronics OE Pty Ltd v OE Solutions Pty Ltd (No 8) [2022] FCA 1404 

Misuse of confidential information –infringement of copyright – former employees’ fiduciary and contractual obligations – breaches of ss 182 and 183 of Corporations Act 2001 (Cth) – accessorial liability – knowing involvement in breach of statutory duties

Patents and registered designs

Ames Australasia Pty Ltd v AgBoss Australia Pty Ltd [2021] FCA 902
Alleged infringement of registered designs – application for leave to file and serve a further amended statement of cross claim – in the circumstances, proper basis for pleading prior use – particulars of the type required under r 34.46 of the Federal Court Rules 2011 (Cth) in relation to patent claims not necessary – patent cases distinguishable – design cases relevantly governed by r 34.38 and general principles and practice relating to pleadings - leave granted

Surefoot IP Holdings Pty Ltd v All Footings Solutions Pty Ltd [2021] FCA 1181

Patents – position statement on infringement – adequacy of position statement – need to identify features of allegedly infringing products and corresponding integers of claims in patent

Other such examples are cited here.

Ryan is also a member of:

• Institute of Patent and Trade Mark Attorneys of Australia (IPTA)
• Intellectual Property Society of Australia and New Zealand (IPSANZ)
• Australian Group of the International Association for the Protection of Intellectual Property (AIPPI Australia)
• Victorian Bar Pro Bono Scheme

Liability limited by a scheme approved under Professional Standards legislation.