King & Wood Mallesons

Intellectual Property Department

Australia
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What the team is known for Renowned litigation team with extensive experience in patent and trade mark disputes in both the domestic market and overseas through its global connections. Possesses a strong track record in brand protection and advertising clearances. Assists an enviable roster of well-known clients in a range of sectors, including pharmaceuticals and electronics. Assists with all aspects of the protection and enforcement of IP assets, and also handles the IP aspects of broader commercial transactions. Ideally placed for cross-border matters in Asia, particularly China.

Strengths Clients highlight its "commercial and pragmatic approach in both commercial transactional work and on the dispute resolution side."

Referees single out its strong technical skills and also say: "They are thorough, pragmatic and can spot gaps for consideration outside the instructions provided. They have a genuine passion for IP."

Work highlights Defended LG Electronics Australia from complaints made by Samsung Electronics Australia to the Ad Standards Industry Jury concerning its media campaign for its televisions.

Acted for Sears Brands and Sears Holdings on the sale of the Kmart brand name rights in Australia and New Zealand to Westfarmers for AUD100 million.

Notable practitioners

Cate Nagy is recognised in the market for trade mark disputes, brand protection and enforcement strategies. She defended Star Entertainment from a trade mark cancellation and infringement claim made by GPO Grand.

John Swinson has a strong reputation in the market and is considered by market commentators to be a "very good IP practitioner." He is acknowledged for acting on commercial intellectual property matters, as well as having extensive experience in litigation.

Katrina Rathie has extensive experience handling trade mark portfolios and is particularly noted for her depth of knowledge in advertising disputes. Clients greatly appreciate her commerciality, stating: "She is personally involved and is more in touch with the commercial angle. She is very good at explaining complicated legal concepts. She has good soft skills, such as a wicked sense of humour, and is able to lighten the mood in tense situations."

Matthew Swinn is highlighted for patent disputes within the healthcare industry, where he has advised on enforcement, damages and secondary medical use patents. Clients praise him as "very approachable, friendly and available."