Ryan
Maguire
Ryan appears in hearings before courts and the Trade Marks Office and provides specialist advice on intellectual property law matters. 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:
Trade marks
Caporaso v Mercato Centrale Australia [2024] FCAFC 156
Appeal - s 62(b) - whether the primary judge erred in holding that evidence or representations are not "false in material particulars" unless false in a way that affects the registrability of the trade mark - Colorado Group Ltd v Strandbags Group Pty Ltd [2006] FCA 160; 67 IPR 628 and Colorado Group Ltd v Strandbags Group Pty Ltd [2007] FCAFC 184; 164 FCR 506, considered - held: the ground of opposition in s 62(b) can be established even where the evidence or representations in question are false in particulars that were not relevant to a proper assessment of the registrability of a mark, provided the requisite causal link with the acceptance of the mark for registration exists
369 Labs Pty Ltd v BP plc [2024] ATMO 209
Opposition to removal - ss 92(4) and 101
Hamilton Locke Pty Ltd v Hamilton & Co Legal Pty Ltd [2024] ATMO 236
Opposition to registration – ss 42(b), 44, 58A and 60
One Green Cup v The Green Cup [2024] ATMO 77
Opposition to registration – ss 42(b), 43, 44, 59, 60 and 62(b)
Caporaso v Mercato Centrale Australia [2024] FCA 138
Infringement – deceptive similarity – cross-claim for cancellation or rectification – whether cross-respondent was the owner of the trade mark mercato at the time that it applied for registration of it – whether the trade mark mercato is inherently capable of distinguishing the goods and services of the cross-respondent from the goods and services of other traders – whether the word mercato, in its ordinary signification, is commonly understood to mean market among those with an interest in the relevant goods and services – whether other traders should be permitted to use the word in its ordinary signification to describe their goods and services – whether evidence of trade usage of the word supports a conclusion that the word has an established meaning among a target audience comprised of English speaking Australians – whether the registration of a trade mark resulted from representations or evidence that were false in material particulars – meaning of “material particulars” in s 62(b)
The Agency Group Australia v H.A.S. Real Estate [2023] FCAFC 203; 295 FCR 117
Appeal – deceptive similarity
The Agency Group Australia v H.A.S. Real Estate [2023] FCA 482; 174 IPR 153
Infringement – 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 v Australasian Food Group [2023] ATMO 8
Oppositions to registration - s 41
O'Brien Boiler Services v O'Brien Glass Industries [2023] ATMO 6
Oppositions to registration – ss 42(b), 43, 44, 59, 60
SurfStitch v One Day Bridal [2022] ATMO 120; 175 IPR 229
Opposition to removal - ss 92(4) and 101
Copyright and misuse of confidential information
Directed Electronics OE v OE Solutions (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 v AgBoss Australia [2021] FCA 902; 162 IPR 400
Registered designs – application for leave to file and serve a further amended statement of cross claim – 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 – patent cases distinguishable – design cases relevantly governed by r 34.38 and general principles and practice relating to pleadings
Surefoot IP Holdings v All Footings Solutions [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 examples are cited here.
Ryan is also a member of:
Liability limited by a scheme approved under Professional Standards legislation.