With over 35 years’ experience, Kenneth is widely regarded as one of the ‘go-to’ lawyers in Intellectual Property Australia. Throughout his legal career, Kenneth has successfully litigated numerous high profile Intellectual Property cases with important decisions that have set major precedents in Intellectual Property law.
Providing clients with practical and commercial advice, Kenneth deals with complex and challenging disputes. His extensive intellectual property experience includes providing advice on copyright, trade marks, design and patent issues, brand protection and confidential information and their protection as well as litigation.
“My aim is to help our clients get a practical, commercially sensible and strategic outcome in their IP matters without going to court. However, if that can’t happen for whatever reason, I am here to help clients anywhere in Australia.”
Below is a selection of Australian cases where Kenneth has helped clients protect their rights in IP disputes. All have become major Australian precedent-setting court decisions.
Lodestar v Campari – Part of world-wide litigation that lasted over a decade with over 50 cases, Ken represented his client in the Wild Geese Irish Whisky mark versus the Wild Turkey Bourbon mark case. He successfully took the case to a five Judge bench of the Federal Court. This set the Australian precedent on what constitutes “use” of an Australian trade mark and the degree of control a mark licensor must exercise over its licensees.
Seafood Innovations v Bass – Successfully prevented infringement of the client’s highly valuable patent for a harvester machine for farmed fish. This case set a major precedent on how patent owners can strategically apply our unique-to-Australia Innovation Patents to better protect their IP rights against pirates.
Norm Engineering v Digga – acted for Digga, defending a copyright infringement action by Norm Engineering. This case set precedent for the overlap between the Australian Copyright and Design Acts and when that prevents suing for copyright or design infringement.
Ken is part of Macpherson Kelley’s Intellectual Property team, which has been ranked in The Legal 500 Asia Pacific guide, and is listed as a leading firm by the World Trademark Review 1000.
Bachelor of Laws, University of Queensland
Bachelor of Arts, University of Queensland
Member, Intellectual Property Society of Australian and New Zealand
Member, American Intellectual Property Law Association
Member, International Association for the Protection of Intellectual Property
Australian Member, Boutique Practice Committee (to 30/4/18), Association of Intellectual Property Firms
- Intellectual Property Litigation & Dispute Resolution
- Patents & Trade Marks
- Circuit Layouts Act breaches
- Domain names
- IP Due Diligence
- Competition & Consumer Law
- Misleading and Deceptive Conduct
- Misuse of Confidential Information/Trade Secrets
- Franchising Disputes
‘Preeminent’ Queensland Intellectual Property Lawyer, Doyles Guide 2015 – 2018
Finalist,”Lawyers Weekly” Intellectual Property Partner of the Year Award , 2017