"Middletons moves up a rank this year for its efforts in the trade mark contentious rankings. One landmark case saw Jane Owen and Troy Gurnett act for Shin Sun Australia in its battle against Health World, who tried to revoke the client's HealthPlus mark for non-use. The Court found that Health World was a person aggrieved and the matter settled before a scheduled Full Federal Court hearing in November 2010.
In one of the most talked-about cases to come out of Australia this past year, Tony Watson and Lisa Egan advised Local Directories in its defence against Telstra and Sensis, who argued that information from their White Pages and Yellow Pages had been copied. The Federal Court ruled that copyright does not subsist in computerised data compilations. In January 2011, Telstra and Sensis filed an application for special leave to appeal to the High Court.
Another highlight involves Tony Watson and his team's representation of Blackmagic Design in its battle against two former employees. The Court found that the defendants had misused confidential information and granted injunctions. Damages are subject to appeal.
A client who has used the group for a variety of IP work not limited to trade mark registration in various jurisdictions, management of an IP negotiation and potential litigation is impressed: "I have been very happy with the quality of work they have provided." The client switched to Middletons following Jane Owen's move. "I like Jane's direct work style and competence in the IP area. She is no-nonsense, very knowledgeable, gives commercial solutions, is always approachable, and gets the work done fast. She is also lovely to deal with."
On the prosecution side, the firm maintains an impressive client base and manages portfolios for Vodafone, Australian Football League and Anheuser-Busch InBev, among many others. "They're extremely good," says a client who turns to the firm for commercial IP work. "They're attentive and the communication is good. Tony Watson is very smart, commercial, easy to work with and humble. I felt incredibly well-advised by Tony."