David Franklin

Experience

David has extensive experience across all aspects of Australian and New Zealand intellectual property law, with particular expertise in trade mark law. He has throughout his career obtained broad experience in misleading and deceptive conduct / trade practices law, and rights arising from reputation; and worked on a variety of copyright, patent and design matters, as well as protection of confidential information, trade secrets and knowhow.

David is an expert in the full range of trade mark registration, prosecution and opposition services, and specialises in advisory work on brand protection, including infringement and enforcement of trade mark rights. Over the years he has provided IP portfolio advice, strategies for registration of trade marks in domestic and export markets, the transfer of IP, and how best to generally protect the brands and other IP of a business.

David has expertise in IP dispute negotiation and resolution, mainly through negotiation and alternative dispute resolution. He also has IP litigation experience, having been involved in a number of cases in Australia and NZ over the years, including appearances at interlocutory hearings.

David now increasingly assists clients and has growing experience with clients’ pre-launch brand selection, brand commercialisation, and marketing strategies. His recent interest has been in making trademarks and the surrounding law work for businesses in a commercial context, keeping them relevant and maximizing their value as a tool for maintaining a product’s competitive edge and as a weapon in the event of unauthorised or mis-use of a business’ brand.

Approach

David adopts a pragmatic, friendly but professional approach in his dealings with you. He will listen to your needs and help problem solve, knowing that one size does not fit all and that the more expensive course of action may not necessarily be the best option.

Track Record

• Advisory and registration work for trade marks, designs and innovations of an Australian BBQ and outdoor living company.
• IP strategy advice and registration work for a local healthcare innovator.
• Trade mark protection and enforcement work for major FMCG companies.
• Trade mark and design registration work for luxury Swiss-made brands.
• Trade mark opposition proceedings to protect international cricket trade marks.
• Enforcing registered trade mark rights, including letters of demand and negotiating strong commercial settlement for Australian-made pest control brands.
• Protection and enforcement of brands and logos for a prominent leisurewear business.
• Registration and protection of trade mark rights of an iconic motor racing personality.

Key areas of expertise

• Intellectual property law – Australia and New Zealand
• Trade mark law and practice – Australia and New Zealand
• Intellectual property dispute resolution
• Brand protection strategy and advice

Specific experience in:

• Brands for fast moving consumer goods, food and beverage
• Brand creation and protection strategies
• Trade Mark dispute resolution
• Domain name law