Mary Still
Clayton Utz
Director – Knowledge Management
Sydney
Overview
Mary Still is an experienced commercial litigator, and one of Australia's best known intellectual property lawyers.
With over 30 years' litigation experience, she acts for clients in commercial litigation matters and specialises in litigation relating to infringement of trade marks, patents, designs and copyright as well as passing off, breach of confidentiality and breaches of the Australian Consumer Law. She also advises a range of clients on broadcasting issues.
Notable Work
- Sharman Networks Ltd (KaZaA Litigation): Acting for Sharman Networks Ltd in litigation brought by the music industry concerning peer-to-peer programs and the sharing of sound recordings over the internet. This was the first Australian case to give detailed consideration to the application of copyright law to the internet and was one of the largest copyright infringement cases in Australian history.
- Seven Network: Advises Seven on a range of broadcasting and intellectual property issues relating to the network, particularly matters relating to trade marks and copyright. She also assisted Seven in the negotiation of a number of Olympic and sport-related sponsorship agreements.
- CA Inc: Acting for CA Inc in an allegation of infringement of copyright in CA's Datacom software against ISI Pty Limited arising out of the sale of the ISI product 2BDB2.
- CSR: Successfully acted for CSR Limited in proceedings where CSR's name and trade mark had been appropriated by a cybersquatter.
- Lufthansa: Acted in relation to a demand by Air Services Australia alleging copyright infringement and a breach of the Trade Practices Act.
- Sandoz Pty. Limited (formerly Biochemie Australia): Acted for Sandoz (formerly Biochemie) in an action for a preliminary injunction and for a finding or infringement in the Australian component of a global wave of patent litigation concerning one of the world's top selling prescription pharmaceutical products.
- Burberry Limited: Has successfully developed anti-counterfeiting strategies in Australia for Burberry and acts for Burberry against infringers of the Burberry Trade Mark in Australia.
- Pharmacare Laboratories Pty. Limited: Advises Pharmacare, one of Australia's largest suppliers of over the counter health & beauty products, on a wide variety of matters involving infringement of trade mark and copyright as well as breaches of the Australian Consumer Law.
- Sandoz Pty. Limited (formerly Biochemie Australia): Acted for Sandoz (formerly Biochemie) in an action for a preliminary injunction and for a finding or infringement in the Australian component of a global wave of patent litigation concerning one of the world's top selling prescription pharmaceutical products.
- Trade Mark Prosecution Group: Mary is also the partner in charge of this group which is responsible for all matters relating to the registration of trade marks including applications, renewals, oppositions and non-use applications.
- CA Inc: Acting for CA Inc in an allegation of infringement of copyright in CA's Datacom software against ISI Pty Limited arising out of the sale of the ISI product 2BDB2.
- Mary is currently advising a major Australian company in connection with allegations, by the Australian Federal Police, of bribery and corruption of foreign officials.
Insights
"Context is all": Court confirms test and principles for false, misleading or deceptive conduct
1 Oct 2020 | Article
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Clayton Utz's IP/Life Sciences team wins in the High Court (Again!): Vitamins and weight-loss gummies classified as duty-free medicaments
7 Feb 2020 | Article
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Major changes to Australia's Therapeutic Goods Regime commence soon
19 Feb 2018 | Article
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Jumping another hurdle: the Full Federal Court maintains the fine line between using Olympic themes and ambush marketing
9 Nov 2017 | Article
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Clayton Utz special counsel Jennifer Harris wins 2017 Lawyers Weekly Women in Law Award
24 Oct 2017 | Media Release
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Just what the doctor ordered: proposed reforms to Therapeutic Goods Regime
11 May 2017 | Article
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High Court won't hear case on IP licences surviving the end of the contract
19 Apr 2017 | Article
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Decision that there's no copyright in digital data signals stands, following High Court rebuff
13 Feb 2017 | Article
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Clayton Utz wins on same test for foreign and English words as trade marks in High Court
3 Dec 2014 | Article
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Foreign word trade marks: Cantarella granted application for special leave to appeal to High Court
14 Mar 2014 | Article
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High Court rules on inadvertent disclosure of privileged material in discovery
21 Nov 2013 | Article
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Lost in translation: When is a foreign word mark inherently adapted to distinguish?
28 Mar 2013 | Article
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Employers, employees, and intellectual property: The saga of University of Western Australia v Gray
29 Mar 2010 | Article
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