Siobhan Ryan KC
- Commercial Law Intellectual Property
Siobhan Ryan KC also advises and appears in trade practices, passing off and designs matters. She practises in all Federal and State Courts.
Siobhan is a registered trade mark attorney and regularly appears before the Registrar of Trade Marks in oppositions and registrability cases.
Siobhan has been consistently recognised in the Intellectual Property category in The Legal 500 Asia Pacific for the Australian Bar, Best Lawyers, Doyles Guide and the World Trademark Review’s, Leading Trade Mark Professionals.
Siobhan is the President of the Trans-Tasman IP Attorneys Disciplinary Tribunal.
Liability limited by a scheme approved under Professional Standards legislation
Contact
- P03 9225 6746
- F03 9225 8588
- E[email protected]
- Download VCard
Owen Dixon Chambers West
Level 24 Room 17
525 Lonsdale Street
Melbourne VIC 3000
Jane King
03 9225 8558
Expertise
- Appellate
- Confidential Information
- Copyright & Designs
- Media & Entertainment
- Trade Marks
- Appellate
- Consumer Law
Qualifications
Bachelor of Laws
Bachelor of Arts (Hons)
Victoria
State and Territory Courts and Tribunals
Federal Court of Australia
High Court of Australia
Recent Cases
Energy Beverages LLC v Cantarella Bros Pty Ltd FCAFC NSD144/2022 - an appeal to the Full Federal Court of Australia with leave application (led by Neil Murray SC)
Energy Beverages LLC v Cantarella Bros Pty Ltd (2022) 403 ALR 299; (2022) 165 IPR 301; [2022] FCA 113 - An appeal from the Registrar of Trade Marks re opposition to trade marks MOTHERSKY and removal applications re trade marks MOTHERLAND and MOTHER LOADED ICED COFFEE (led by Neil Murray SC)
Caterpillar Inc v Puma SE (2021) 162 IPR 430; [2021] FCA 1014 - An appeal from the Registrar of Trade Marks re trade mark 'procat' (unled)
Rodney Jane Racing Pty Ltd v Monster Energy Company (2019) 370 ALR 140; (2019) 142 IPR 275; [2019] FCA 923 - An appeal from the Registrar of Trade Marks re trade mark MONSTER (led by Bruce Caine QC).
Dempsey Group Pty Ltd v Spotlight Pty Ltd (2018) 138 IPR 190; [2018] FCA 2016 – copyright infringement (fabric designs); obtained declaratory relief, damages and costs (unled).
Advices to the Australian Tax Office on intellectual property related aspects of tax, especially goodwill: [2018 - 2022]
Pham Global Pty Ltd v Insight Clinical Imaging Pty Ltd (2017) 251 FCR 379; [2017] FCAFC 83 - An appeal (with leave application), from an appeal from the Registrar of Trade Marks re trade mark INSIGHT and a trade mark infringement claim, with a revocation application by Cross-claim. Insight Clinical Imaging, succeeded on all issues (led by Edward Heerey QC).
Insight Clinical Imaging Pty Ltd v Insight Radiology Pty Ltd (2016) 122 IPR 232; [2016] FCA 1406 - An appeal from the Registrar of Trade Marks re trade mark INSIGHT with an infringement claim, and a revocation application by Cross-claim. Insight Clinical Imaging succeeded on all issues (unled).
Collins House Pty Ltd v Golden Age Sunrise Development Pty Ltd (2015) 114 IPR 1; [2015] FCA 724 – an interlocutory injunction concerning trade mark COLLINS HOUSE (unled).
Paul's Retail Pty Ltd v Lonsdale Australia Ltd (2012) 294 ALR 72; [2012] FCAFC 130 and [2012] FCA 724, with R Cobden SC and JS Cooke; Lonsdale Australia Ltd v Paul's Retail Pty Ltd (led by G Clarke SC) - Trade Mark infringement - scope of parallel importation defence - interlocutory injunction - expedited trial and appeal.
Delta Metallics Pty Ltd v King[2012] FCA 1119 and [2012] FCA 1328 - Counsel for Delta Metallics in trade mark infringement ("WHITE COLLAR BOXING"), s 52 TPA, s 18 ACL, passing off and contempt. Injunctions and account of profits ordered. Contempt found with indemnity costs ordered (unled).
UCP Gen Pharma AG v Mesoblast Inc (2012) 95 IPR 562;[2012] FCA 210 and [2012] 500 - Counsel for UCP Gen Pharma. Successfully opposed trade mark removal application on appeal from the Trade Marks Office. Successsfully resisted leave to appeal application in Mesoblast Inc v UCP Gen Pharma AG [2012] FCA 509, (led by S Burley SC).
Spotless Services Australia Ltd v Qantas Airways Ltd (Fed Crt) VID 1183/2011 - Alleged trade mark infringement with revocation cross-claims (led by R Cobden SC).
Caiazzo & Anor v Pearson Australia Group (VSC) No 01803 SCI of 2011 - Alleged beach of a publishing contract, misleading and deceptive conduct and infringement of moral rights (unled).
QS Holdings Sarl v Paul's Retail Pty Ltd (2011) 92 IPR 460; [2011] FCA 853 QS Holdings Sarl v Paul's Retail Pty Ltd (No 2) [2011] FCA 1038 - Trade mark and copyright infringement - parallel importation defences (unled).
British American Tobacco Exports BV v Trojan Trading Company Pty Ltd (2010) 90 IPR 392; [2010] VSC 572 - Trade Marks Act criminal offences s 145 and s 148 with B Greene.
Radburg v Chiropedic Bedding Pty Ltd [2008] HCA Trans 412; Chiropedic Bedding Pty Ltd v Radburg Pty Ltd [2008] FCAFC 142; Chiropedic Bedding Pty Ltd v Radburg Pty Ltd [2007] FCA 1869 and [2009] FCA 1163, (led by G McGowan SC) - Successful design infringement prosecution and revocation resisted, at trial and on appeal.
Publications
Intellectual Property Law Update - In Conversation With Siobhan Ryan KC - IPSANZ IP Forum
29 November 20192019 New Zealand Institute of Patent Attorneys Annual Conference - So the Delegate didn't see it your way?
21 June 20182018 Legalwise Seminar - Practice and Procedure in the Federal Circuit Court
08 June 20172017 Legalwise Seminar - Recent developments in Ownership and Bad Faith
01 June 2015Joan Rosanove QC - A law unto herself
19 June 20142014 Legalwise Seminar - When foreign words become Australian Trade Marks
22 May 20142014 IPTA Annual Conference Seminar - Trade Marks Update
25 March 20132013 INTA Conference - Running Around in Circuits: a glimpse at Australian trade marks litigation post 15 April 2013.
08 March 20122012 IPTA Annual Conference Seminar - Trade Marks Update
01 June 20112011 Legalwise Seminar - A closer look at practice changing cases
14 March 2011Intellectual Property Law Update - Did they just use that trade mark? Some considerations on the elusive notion of trade mark use
27 May 20102010 Legalwise Seminar - Trade Mark Oppositions: Best Practice
03 May 20102010 IP Tech Conference - Trade Mark Oppositions: Be Prepared
17 April 20102010 IPTA Annual Conference Seminar - Trade Marks Update
Memberships
Victorian Bar - Art and Collections Committee
Institute of Patent & Trade Mark Attorneys (IPTA)
Intellectual Property Society of Australia and New Zealand (IPSANZ)