Profile
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
o One Green Cup v The Green Cup [2024] ATMO 77
Opposition to registration – ss 42(b), 43, 44, 59, 60 and 62(b)
o Caporaso v Mercato Centrale Australia [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)
o The Agency Group Australia v H.A.S. Real Estate [2023] FCAFC 203; 295 FCR 117
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
o The Agency Group Australia v H.A.S. Real Estate [2023] FCA 482; 174 IPR 153
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
o Ice Cream Group Australia v Australasian Food Group [2023] ATMO 8
Oppositions to registration - s 41
o O'Brien Boiler Services v O'Brien Glass Industries [2023] ATMO 6
Oppositions to registration – ss 42(b), 43, 44, 59, 60
o SurfStitch v One Day Bridal [2022] ATMO 120
Opposition to removal - ss 92(4) and 101
Copyright and misuse of confidential information
o 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
o 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
o 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:
· 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.
Alternative Dispute Resolution
+61 3 9225 7222
clerkb@greenslist.com.au