Learning Objectives:
- Understand how the courts interpret descriptions of goods and services
- Identify key legal distinctions in trademark disputes across sector
Description
Attend and earn 1 CPD/CPE hour
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
Chair
Julie Robb, Solicitor and Mediator, The Olive Rooms
What Does It All Mean? Descriptions, Definitions, Differences and Disputes
Exploring the views of the Full Federal Court on interpreting descriptions of goods and services, including;
- Mothersky and non-alcoholic beverages: Energy Beverages LLC v Cantarella Bros Pty Ltd
- Katy Perry and clothing: Killer Queen, LLC v Taylor
- Fanatics and retail: FanFirm Pty Limited v Fanatics, LLC
Presented by Sean McManis, Lawyer and Trademark Attorney
Presenters
Julie Robb, Solicitor and Mediator, The Olive Rooms
Julie Robb is a specialist IP and commercial lawyer and an accredited mediator. She has advised and represented individuals, not-for-profits and corporations for over 35 years – first at a top tier national firm, then as Executive Director of the Arts Law Centre of Australia and for 18 years as partner and head of the disputes practice at a boutique IP and media firm in Sydney. Julie has litigated IP disputes in the Federal and State Courts, including for multinational clients in the enforcement of their registered shape and colour trade marks. A member of the Law Society of NSW Litigation Law and Practice Committee for 17 years until 2023, she is currently Deputy Chair of its ADR Committee.
Sean McManis, Lawyer and Trade Mark Attorney
After 24 years at Shelston IP, where he was head of the trade marks team, Sean spent 3 years as principal at Davies Collison Cave. Sean is a solicitor and registered trade mark attorney, with qualifications both in science and law, and has more than 30 years experience in the field of trade marks. He has worked principally in Australia, but has also worked in the United Kingdom. His practice extends to all aspects of trade mark related work, with a particular focus on brand clearance, the resolution of trade mark disputes and the enforcement of intellectual property rights. Sean has represented a significant number of large multi-national companies in relation to the management and protection of their trade mark portfolios, and is well-recognised as a leading professional in the field of trade marks. Sean has been recognised in the WTR 1000: Ranked under Prosecution and Strategy, 2020 – 2022, IP Stars: Trade Mark Star, 2021 and Client Choice Awards Finalist: Best IP Specialist, 2020.
