Clare has extensive experience in litigation involving copyright, trade marks, confidential information, patents and consumer protection gained over 15 years at major international law firms, Allens, and prior to that, Linklaters. Clare has also advised national and international companies on brand protection and advertising clearance, commercial agreements and the IP aspects of corporate acquisitions.
Clare is also admitted as a barrister and solicitor in the High Court of New Zealand.
• Acting for Kobalt Music in Federal Court litigation in relation to the song “Love is in the air”.
• Acting for Kennedy Miller Mitchell in a Supreme Court contractual dispute against Warner Bros. arising out of the production of the blockbuster film “Mad Max: Fury Road”
• Federal Court litigation in relation to trade mark protection, removal and revocation (including for Dick Smith Investments (Ozemite) and Redlands Estate Distillery).
• Advising in New Zealand High Court copyright litigation in relation to the use of Eminem’s Lose Yourself by the New Zealand National Party (for the plaintiffs Eight Mile Style LLC, and Martin Affiliated LLC).
• Acting for several multinational book publishers in relation to the protection of confidential information in Supreme Court proceedings.
• Advising a multinational music publisher in relation to a contractual dispute with a songwriter in the High Court of New Zealand.
• Securing interlocutory injunctions for two pharmaceutical companies to prevent generic entry to the market.
• Obtaining access to former employees’ computers and files under ex parte preliminary discovery orders for a client who suspected the theft and misuse of confidential information and copyright infringement.
• Advising two pharmaceutical companies on a very complex damages enquiry before the Federal Court in relation to the “usual undertaking as to damages”.
• Working closely with a major software developer to enforce its anti-piracy programme.
• Securing an interlocutory injunction for a luxury goods company in relation to the parallel importation of branded goods into Europe.
• Acting for major FMCG company in relation to two claims of misleading and deceptive conduct against a competitor.
• Assisting an international television company to protect and commercialise some of its programme ideas, including obtaining trade mark protection, advising on copyright issues in relation to television formats and drafting licensing agreements for merchandize.
• Advising a local theatre company in relation to its sponsorship arrangements.
• Regularly advising clients of the Arts Law Centre of Australia in relation to a wide range of legal issues, including copyright ownership and licensing, use of third party copyright works, moral rights, incorporation of theatre groups, funding and profit-sharing issues.
Clare was awarded an Arts Law Pro Bono Award by the Arts Law Centre of Australia in 2013, 2014, 2015 and 2016.
She has been published in the Law Society Journal in relation to her work for Dick Smith Investments in the long-running Ozemite trade mark case.