Ryan appears in hearings before courts and the Trade Marks Office and provides specialist advice. 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
Opposition to registration – ss 42(b), 43, 44, 59, 60 and 62(b)
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)
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
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
Oppositions to registration – ss 42(b), 43, 44, 59, 60
Opposition to removal - ss 92(4) and 101
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
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
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.