Chris McLeod
Clayton Utz
Partner
Melbourne
Always puts his clients front and centre and helps to create unique solutions that are long lasting.
World Trade Mark Review 1000
Overview
Acts in contentious and non-contentious matters across the entire Intellectual Property spectrum. Also has significant expertise in relation to the Australian Consumer Law. Leads the national Advertising and Marketing Law industry group to provide a one-stop shop for legal issues in the advertising and marketing context.
Notable Work
- Toyota Australia: for over 25 years advised on a broad range of intellectual property, consumer law (including consumer guarantees), advertising and marketing and other commercial matters. This includes managing the Toyota Australia trade mark portfolio and taking action (including in the Federal Court) against IP infringers including sellers of counterfeit Toyota parts and accessories.
- Various clients: acted in dealing with regulators, including the ACCC, concerning alleged contraventions of the Australian Consumer Law and other legislation (including in responding to requests for information and documents, the examination of individuals and in defending Federal Court proceedings).
- Various clients: responsible for the trade mark prosecution and brand protection practice in our Melbourne office. Clients of this practice include Toyota Australia, Monash University, 2XU, Saputo Dairy Australia, Myer, RACV, Emerald Foods, Giant Bicycles, Fruit of the Loom/Russell Corp, Racing Victoria, Victoria Racing Club and the Melbourne Racing Club. The practice also works closely with overseas firms in relation to both inbound and outbound work.
- adidas Australia: for over 25 years principal legal adviser, in relation to competition and consumer law matters and a wide variety of commercial agreements including sponsorships, advertising agency agreements, arrangements with retailers, website and promotional agreements.
- Monash University: manages the worldwide trade mark portfolio, which includes both the University’s core brands and brands used in global programs like the World Mosquito Program. Also acted for the University in IP and consumer law related disputes (including in the Federal Court) and on a range of research, commercialisation and IP licensing arrangements with various public and private sector institutions and companies.
- Thoroughbred racing industry: provided significant advice to various participants over many years including in relation to media rights arrangements with Tabcorp/Sky Channel and in various IP and consumer law disputes. For example, acted for Racing Victoria in Federal Court proceedings in relation to an infringement of its BEST BETS trade mark and acted for the Victoria Racing Club in various disputes which resulted in the VRC securing crucial “Melbourne Cup” related domain names previously held by third parties including www. melbournecup. com and www. melbournecup. com. au. Also acted for ThoroughVisioN (and the VRC and the Seven Network) in Federal Court copyright infringement proceedings against Sky Channel.
- Spotless Group: acted in a Federal Court proceeding alleging trade mark infringement, passing off and misleading conduct against Qantas.
- Labelmakers: acted for one of Australia's largest label producers, in a Federal Court proceeding against five former employees who departed Labelmakers with valuable confidential information and breached fiduciary duties owed to Labelmakers. The proceeding included Labelmakers obtaining interlocutory injunctions against the individuals and orders relating to the preservation of crucial evidence.
- Southern Mills (t/as Tencate Protective Fabrics USA): acted in a Federal Court proceeding against Bruck Textiles arising from misleading statements made by Bruck about products produced by Southern Mills. The proceeding resulted in favourable undertakings to the Court being obtained on an interlocutory basis and a settlement favourable to Southern Mills.
- Various commercial and government sponsors: acted in drafting and negotiating some of Australia’s most significant sponsorship agreements. This includes advising Toyota Australia on its most significant sponsorships including with the Australian Football League and Cricket Australia. Also advised the Australian National Preventive Health Agency in relation to the implementation of a $25 million government sponsorship program to provide an alternative to alcohol sponsorship in sport. This included advising on drafting and negotiating sponsorships agreements with 13 national sports organisations.
Insights
Automotive snapshot: fuel consumption labels, cartels, environmental claims, class actions
27 Apr 2023 | Article
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Reputation and consumer confusion in trade mark infringement proceedings: the High Court weighs in
16 Mar 2023 | Article
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Automotive snapshot: RVSA transitional period, regulators' priorities, General Safety Provision, automotive class actions
21 Apr 2022 | Article
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Automotive snapshot: ACCC priorities, Dealer agreements, lemon laws and the right to repair, Road Vehicle Standards Act
6 May 2021 | Article
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Automotive snapshot: extended warranty periods, automated vehicles
1 Dec 2020 | Article
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Automotive snapshot: ACCC priorities, contactless car sales, Franchising Code, consumer data rights
1 Jul 2020 | Article
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Untruth and consequences – the cost of misleading consumers about their rights
19 Sep 2019 | Article
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Media Release: Legal industry peers rate Clayton Utz highly in the latest Best Lawyers Australia list
29 Mar 2019 | Media Release
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New interception and access powers to encrypted communications and devices to affect carriers and device manufacturers
14 Aug 2018 | Article
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