Brett Doyle
Clayton Utz
Director - Brands & Trade Marks
Sydney
Overview
Brett Doyle manages the Clayton Utz Trade Mark and Brand Protection Group in the Sydney office. He is both a lawyer and a registered trade mark attorney with over 25 years' experience in intellectual property.
He was previously a partner in a major international law firm; has worked at specialist patent and trade mark attorney firms as well as holding the position of the General / IP Counsel for an Australian advertising agency.
Brett has acted in all manner of IP issues including contentious disputes, administrative proceedings and non-contentious contractual and licensing matters. He has advised on the strategic development and protection of trade mark portfolios, including removal, opposition and infringement actions. Brett's combination of firm and in-house positions gives clients the benefit of significant specialist knowledge coupled with the commercial experience to provide succinct and practical advice.
Notable Work
- Due diligence: Brett regularly undertakes IP due diligence for corporate transactions in association with the Clayton Utz Corporate/M&A group
- Leading cases:
- Kenman Kandy v Registrar of Trade Marks: Full Federal Court decision on registrability of shape trade marks.
- Cantarella Bros Pty Limited v Modena Trading Pty Limited [2014] HCA 48 (3 December 2014): High Court decision on infringement and cross-claim for cancellation of trade mark for non-distinctiveness for ORO and CINQUE STELLE trade marks.
- Portfolio management: Brett is an experienced manager of trade mark portfolios and advises on a range of household brands in a wide range of industries, including: cosmetics; food and grocery; pharmaceuticals; financial sector; telecoms; fashion and luxury goods; IT and new technology; sports and entertainment; government utilities.
- Rebranding: Brett advises in a range of current and former rebranding exercises, including for Transport for NSW, Alinta Energy, Avid Property Group.
- Pharm-a-care: Brett acts for the Pharm-a-care group in the protection of its worldwide trade mark portfolio for over-the-counter pharmaceuticals and related products, as well as for a range of other clients in more limited regional markets in Asia, Europe and North America.
- Verizon: Trade mark, company name and domain name dispute involving the famous VERIZON trade mark for telecoms against a local company seeking to use the same trade mark.
- Link Group: Brett advises Link Administration and other companies within the Link Group on trade mark matters and acts in securing trade mark protection for the Group's brands.
- Alinta Energy: Brett advised on the rebranding of the Alinta and secured protection for the renewed branding.
- Transport for NSW: Brett acts for Transport for NSW on a range of trade mark issues involved in the WayFinding signage project for train, bus, ferry and light rail.
- New Forests Asset Management: Brett acts in relation to the worldwide protection of the Group's trade marks.
- Eclipx Group: Brett acted on branding issues associated with the IPO and for ongoing brand protection and portfolio issues.
Insights
Shaping the state of Australian trade mark law: Federal Court finds Cantarella didn’t infringe Moccona’s jar shape mark
20 Mar 2025 | 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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Federal Court resolves "legitimate uncertainty" in uncontested trade mark appeals
3 Feb 2022 | Article
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Banksy fight may paint a different picture under Australian trade mark law 05: Distinctiveness
2 Sep 2021 | Article
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Banksy fight may paint a different picture under Australian trade mark law 04: Establishing ownership
19 Aug 2021 | Article
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Banksy fight may paint a different picture under Australian trade mark law 03: When is intention to use relevant?
5 Aug 2021 | Article
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Banksy fight may paint a different picture under Australian trade mark law 02: Making out bad faith in Australia
22 Jul 2021 | Article
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Banksy fight may paint a different picture under Australian trade mark law 01: it's not just a question of faith
7 Jul 2021 | Article
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Media Release: Clayton Utz assists Infosys with its acquisition of experience design agency Carter Digital
19 Jan 2021 | Media Release
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Trade mark rights in generic terms: does the US booking.com decision open the door in the U.S. or Australia?
9 Jul 2020 | Article
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Punitive damages for design infringement in burqini™ swimwear battle but no ordinary damages
16 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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