Recent examples of Ryan’s experienc­e as counsel include:

Trade marks

Caporaso Pty Ltd v Mercato Centrale Australia Pty Ltd [2024] FCA 138 

Plain word mark mercato - whether the cross-respondent was the owner of the trade mark  at the time that it applied for registration– 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 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) of the Trade Marks Act 1995 (Cth) 

The Agency Group Australia Ltd v H.A.S. Real Estate Pty Ltd [2023] FCAFC 203 

Appeal – whether primary judge erred in finding that the word mark THE NORTH AGENCY used by the respondent was not deceptively similar to the second appellant’s registered trade mark 

The Agency Group Australia Limited v H.A.S. Real Estate Pty Ltd [2023] FCA 482 

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 – ordinary signification 

O'Brien Boiler Services Pty Ltd v O'Brien Glass Industries Limited [2023] ATMO 6

Oppositions to registration under s 44 and “other circumstances” under s 44(3)(b)

SurfStitch Pty Ltd v One Day Bridal Pty Ltd [2022] ATMO 120

Application for removal under ss 92(4) and 101

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

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 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.