Our expertise

Intellectual Property

Our specialised intellectual property team collaborates with clients on the cutting edge in their respective fields to commercialise and protect their most valuable assets

We specialise in

  • Advertising Standards and Labelling Requirements
  • Clearance and Freedom to Operate Searches
  • Commercial Transactions
  • Confidential Information and Classified Information
  • Copyright
  • Domain Names
  • Foreign Trade Marks
  • Geographical Indications
  • Intellectual Property Infringement and Enforcement
  • Licensing
  • Patents
  • Registered Designs
  • Social Media
  • Talent Agreements
  • Trade Marks

Testimonials

“Lateral Aspect is a 28-year-old advertising agency with offices in Perth and Canberra. As Creative Director, my role is to ensure that the standard of work we produce is elite, and original. My relationship with David Stewart is many years old and I consider myself very lucky to be able call on him, and his team, in the very early stages of creative ideation. His guidance on process, over a sustained period of time, has allowed Lateral to build robust design teams that consider trademark issues in advance of ‘effort’, saving our agency time and money. Our clients cover domestic and international markets, and David is critical to our business in ensuring that, from strategy through to sale, our work is solid – and safe. We consider David to be a really important part of our team. He is brilliant in his thinking and, despite being preeminent in his field, is completely down to earth and a great mentor to our young (and old) creatives.”

Mark Lucas

Creative Director, Lateral Aspect

“I have been working with Dave for many years. While he and his team have always provided toprate legal support, his responsiveness is really spectacular. I often get an answer within the hour no matter the time of day, and every time it is thoughtful, succinct, and clear. He has a really wide knowledge of trademark matters include complex issues. He is a pleasure to work with.”

Douglas Wolf

Trade mark and Copyright Group Chair, Wolf Greenfield & Sacks, Boston

“I found Dave's advice to be clear and concise and he always did what he said he would do. My experience with him and his team was incredibly positive, and he delivered promptly and effectively. I was able to finalise my matter without unnecessary complications. Dave and his team are excellent communicators and I never felt like I was in the dark or was out of the loop.”

Catherine Leach

Partner, Leach Legal Family Lawyers, Perth

"David has acted for me in a number of IP and tech law related matters over the past 10 years. I have found him to be extremely knowledgeable and commercial in his approach, which cannot often be said when dealing with lawyers. He listens, is responsive and is particularly well versed in trademark law in Australia and internationally, which also extends into a solid appreciation of what is required to defend and protect brands. I recommend David wholeheartedly to assist in both simple and complex IP matters."

Andrew Ross

Chairman, Aventuur, Los Angeles

Trade mark hearings

Our trade mark team specialises in hearings before delegates of the trade mark registrar. Dave Stewart has acted as counsel on the following matters: (*= matters handled by Bennett Litigation and Commercial Law)

  • Ross & Veronica Lawrence [2005] ATMO 69 (21 November 2005)
  • Deckers Outdoor Corporation v B&B McDougal [2006] ATMO 5 (16 January 2006)
  • Southcorp Limited v Barwick Wines Pty Ltd [2006] ATMO 68 (28 July 2006)
  • Wesbeam Holdings Pty Ltd [2006] ATMO 73 (9 August 2006)
  • Prosper Australia Inc v Peet & Company Ltd [2008] ATMO 91 (31 October 2008)
  • Raytheon Company [2010] ATMO 111 (9 November 2010)
  • Parkside Towbars Pty Ltd v Tow-Safe Pty Ltd [2011] ATMO 17 (17 February 2011)
  • Peet Limited v Feldbay Pty Ltd [2012] ATMO 87 (12 October 2012)
  • Lockheed Martin Corporation v Raytheon Company [2012] ATMO 102 (7 November 2012)
  • Lockheed Martin Corporation v Raytheon Company [2012] ATMO 103 (8 November 2012)
  • Tricarico v Dunn Bay Holdings Pty Ltd [2012] FCA 271 (23 March 2012)
  • Cash Converters Pty Ltd v Margo Chaille Webber [2013] ATMO 34 (28 May 2013)
  • Cash Converters Pty Ltd v Margo Chaille Webber [2013] ATMO 101 (10 December 2013
  • Ashley Chase Estate Limited v Spanish Foods (Aust) Pty Ltd [2013] ATMO 104 (18 December 2013)
  • Janssen Biotech, Inc v Celltrion, Inc. [2014] ATMO 121 (19 December 2014)
  • Western Australian Land Authority [2014] ATMO 10 (31 January 2014)
  • Footwear Industries Pty Ltd v PT Alasmas Berkat Utama [2014] ATMO 41 (12 May 2014)
  • Franklins Pty Ltd v No Frills Pty Ltd [2014] ATMO 55 (13 June 2014)
  • Doric Management Pty Ltd v Loukat Holdings Pty Ltd [2014] ATMO 99 (4 September 2014)
  • Combined Communications Pty Ltd v Combined Communication Solutions Pty Ltd [2014] ATMO 117 (12 December 2014)
  • Davley Building Pty Ltd t/a GrannyflatsWAcom v Granny Flats Australia Pty Ltd [2015] ATMO 105 (28 October 2015)
  • Van Ruth Pty Ltd [2016] ATMO 60 (8 August 2016)
  • Davley Building Pty Ltd v Granny Flats Australia Pty Ltd [2016] ATMO 92 (27 October 2016)
  • Capricorn Society Limited [2017] ATMO 34 (24 April 2017)
  • HBF Health Limited [2018] ATMO 109 (9 July 2018)*
  • Sandalford Wines Pty Ltd v Saford Wines Pty Ltd [2019] ATMO 183 (20 December 2019)*
  • Capricorn Society Limited v Richa Koshal [2020] ATMO 96 (29 May 2020) *
  • Live Fashion Group Pty Ltd atf Live Fashion Unit Trust v Live Roupas Esportivas Ltda [2020] ATMO 179 (17 November 2020) *
  • Carolyn Anna Hall [2022] ATMO 172 (4 October 2022)*
  • Gopika Pty Ltd as Trustee for the Meece Trust v Cinnayum Pty Ltd [2023] ATMO 163 (20 October 2023) *
  • Willunga Hundred Pty Limited [2023] ATMO 168 (30 October 2023) *
  • Euro Technik Pty Ltd v Eurotech Autohaus Pty Ltd [2024] ATMO 164 (5 September 2024) *