David Stewart LinkedIn

Director, Wrays Lawyers

Email david.stewart@wrays.com.au
Phone +61 409 839 041

Australian Trade Marks Attorney (registered 1999).
Barrister and Solicitor (admitted in 1995).
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Industry Areas:

Educational Background:

Bachelor of Arts

Bachelor of Laws

Master of Intellectual Property Law

Professional Experience:

Dave is is a practitioner-director of Wrays Lawyers. Dave has worked in Australia, Japan and Hong Kong, and from 2000-2003 practiced in intellectual property, including anti-counterfeiting, through-out East Asia.

Non-contentious experience

The core of Dave's non-contentious practice is trade mark advice and prosecution, brand development advice, domain name advice, and advertising and labelling advice. In January 2013 Dave was featured in the World Trademark Review 1000 – The World's Leading Trademark Professionals, a highly-regarded independent publication which identifies the world's leading trade mark practitioners.

Dave also has experience in commercial contracts in the following areas:

  • media and communications. Highlights include drafting and negotiating the sale of a film library; drafting and negotiating documents for the implementation of a global CRM system for a multinational brewer; drafting and negotiating for a bank a telecommunications agreement with Telstra; and various other media orientated contracts.
  • IT development and procurement. Dave has been repeatedly involved in IT procurement for banks, engineering firms, mining companies, and government agencies
  • technology transfer. Dave has assisted in technology transfer arrangements. Recent work includes offshoring knowhow transfer for a shipbuilder; the sale of a brand and knowhow by a large footwear company to overseas interests; technology transfer to overseas manufacturers by a photovoltaic cell manufacturer; and work with a variety of software companies. Dave has also been involved in a variety of technology development agreements for engineering companies.

Contentious experience

Dave appears in trials, interlocutory injunctions, mediations, and many hearings. Dave has appeared before the Federal Court of Australia, the Federal Magistrates Court, and the Trade Mark Registrar in both Australia and Hong Kong as counsel, and manages many domain name disputes.

Reported intellectual property decisions in which Dave was counsel:

  • Re Lawrence (2005) 67 IPR 455
  • McDougall v Deckers Outdoor Corporation (2006) 68 IPR 322 (the "Ugg Boot" decision, which was the subject of a television documentary)
  • Paramount Pictures v Hasluck (2006) 70 IPR 293
  • Re: Raytheon Company (2011) 90 IPR 427
  • Parkside Towbars v Tow-Safe (2011) 91 IPR 416

Unreported intellectual property decisions in which Dave was counsel:

  • CFEB Sisley v Hopitakkul [2000] Decision of HKTMR on Opposition to Application 421 of 1994 (12 December 2000)
  • Federated Department Stores Inc v Macy's Candies Limited [2001] Decision of HKTMR on Opposition to Application 13340 of 1993 (2 August 2001)
  • Southcorp Limited v Barwick Wines Pty Ltd [2006] ATMO 68
  • Re: Wesbeam Holdings Limited [2006] ATMO 73
  • United Business Media LLC v 4 Square Media Pty Ltd [2008] AUDND 14
  • Proper Australia Inc v Peet & Company Limited [2008] ATMO 91
  • Tricarico v Dunn Bay Holdings Pty Ltd [2010] ATMO 109
  • Peet Limited v Feldbay Pty Ltd [2012] ATMO 87
  • Lockheed Martin Corporation v Raytheon Company [2012] ATMO 102
  • Lockheed Martin Corporation v Raytheon Company [2012] ATMO 103

Qualifications and Experience

Dave was admitted to practice as a lawyer in 1995, as a registered trade mark attorney in 1999 and became a public notary in 2012. Dave gained his LLM in IP in 2000, is presently completing a Graduate Diploma in International Copyright Law through King's College London. Dave has lectured at Murdoch University (in 2000, 2007 and 2012) and the Australian Graduate School of Management (2000-2003 in Hong Kong). In 2004 and 2005 Dave lectured to the Cambodian judiciary, businesses, and government on the IP implications of Cambodia joining the WTO. Dave attended the World Intellectual Property Organisation's Advanced Domain Name Workshop in Geneva in 2011.

Professional Affiliations:

  • Barrister and Solicitor of the Supreme Court of Western Australia and the High Court of Australia.
  • International Trade Mark Association.
  • Asia Pacific Intellectual Property Law Institute.

Perth

Wrays
56 Ord Street
West Perth, WA 6005
P: (08) 9216 5100
F: (08) 9216 5199
E: wrays@wrays.com.au

Sydney

Wrays
Level 32 Northpoint, 100 Miller Street
North Sydney, NSW 2060
P: (02) 8415 6500
F: (02) 8415 6599
E: wrays@wrays.com.au

Adelaide

Wrays
Level 30, 91 King William Street
Adelaide, SA 5000
P: (08) 8212 1280
F: (08) 9216 5199
E: wrays@wrays.com.au

Brisbane

Wrays
Level 22 Northbank Plaza, 69 Ann Street
Brisbane, QLD 4000
P: (07) 3123 6002
F: (08) 9218 5199
E: wrays@wrays.com.au