Kerry advises on trade mark, copyright, patent, design, confidential information, domain name and consumer law; managing global portfolios and acting in IP disputes for major brands across fashion, health and wellness, FMCG, medtech, automotive, construction and engineering sectors.

Biography

Kerry acts for a broad range of clients across fashion, health and wellness, fast-moving consumer goods, medical technology, automotive, engineering and retail sectors. Her clients include well-known Australian and global brands.

Kerry manages large trade mark and design portfolios globally, overseeing prosecution in Australia and overseas and advising on trade marks and related rights. Her contentious practice covers trade mark, design and patent infringement, copyright, passing off, misleading or deceptive conduct, breach of confidence and domain name proceedings under WIPO’s UDRP and auDA’s auDRP. Her advisory work spans IP protection, management and ownership strategies, freedom to operate advice, off-patent protection strategies, IP due diligence, IP agreement drafting (including licences, assignments and technology transfer agreements), border protection programs and advertising and marketing advice.

Kerry acts in Federal Court of Australia proceedings for major Australian and international retailers, automotive aftermarket companies and global brands on trade mark, copyright, design and confidential information disputes. She manages global trade mark and design portfolios for one of the largest sexual health and wellness companies globally, one of Australia’s best-known global fashion and accessories brands, and an emerging global leader in skin care and sun protection.

Her combination of major IP portfolio management, litigation experience (including before the Federal Court of Australia and IP Australia) and broad advisory capability across all IP right types provides clients with integrated IP counsel across the full lifecycle of their brand and technology assets.

Credentials

Academic qualifications:

Memberships:

Kerry's experience

Federal Court: copyright and trade mark infringement

Represents one of Australia’s largest retailers of fashion, accessories, footwear, stationery and gifts in all copyright and trade mark infringement disputes, including proceedings in the Federal Court of Australia.

Federal Court: reputational rights and automotive aftermarket

Acts in design infringement, trade mark infringement, breach of confidence, passing off and misleading or deceptive conduct proceedings for one of Australia’s largest retailers and distributors of automotive aftermarket parts and accessories.

Federal Court: breach of confidence and copyright

Acts in breach of confidence and copyright infringement proceedings in the Federal Court, including urgent interlocutory relief applications, for a designer and manufacturer of 4x4 automotive aftermarket accessories.

Federal Court: copyright and design overlap

Successfully defended copyright infringement claims concerning works of artistic craftsmanship in the Federal Court and Full Federal Court, at first instance and on appeal.
Global trade mark and design portfolio management

Global trade mark and design portfolio management

Manages global trade mark and design portfolios for well-known brands across sexual health and wellness, fashion and accessories, and skin care and sun protection sectors.
Domain name disputes

Domain name disputes

Acts in domain name dispute proceedings under WIPO’s Uniform Domain Name Dispute Resolution Policy and auDA’s .au Dispute Resolution Policy to transfer domain names held by cyber squatters or third parties acting in bad faith.

IP aspects of corporate transactions

Advises on intellectual property dimensions of commercial transactions, including IP due diligence, assignment and structuring in acquisitions and restructures.

Awards, recognition and ranking