Ryan provides specialist advice, appears in hearings before courts and the Trade Marks Office, prepares pleadings and written evidence and attends mediations. Ryan was recommended in Leading Intellectual Property Law Junior Counsel – Victoria, 2023 by Doyle’s Guide. Ryan is also a registered Trade Marks Attorney.
Recent examples of Ryan’s experience as counsel include:
The Agency Group Australia Limited v H.A.S. Real Estate Pty Ltd  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
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  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  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
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  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
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:
Liability limited by a scheme approved under Professional Standards legislation.