Michelle Eadie, BSc (Hons) LLB
Michelle has been practicing as a lawyer since 1997 and specialises in all areas of intellectual property law.
Before joining Simpsons she practiced at a number of law firms, including spending 13 years at top tier firm Minter Ellison. Michelle has extensive experience in brand protection, including portfolio management and trade mark disputes and also in relation to advertising and marketing law issues, copyright, designs, confidential information and consumer law.
Michelle has represented a wide range of clients across a diverse range of industries from sole traders and startups to large multinational corporations. Her industry experience includes FMCG, film, food and beverage, telecommunications, technology, financial services and pharmaceutical, among others.
Representative work includes:
- Brand protection, including acting and advising in all areas in relation to: trade mark enforcement and protection; trade mark litigation and trade mark registration and portfolio management; trade mark oppositions and disputes.
- Advertising and marketing, including: advertising review for legal compliance; acting and advising in relation to advertising disputes, including litigious disputes; trade promotions; and product labeling.
- Consumer law, including: advising and acting in relation to misleading and deceptive conduct disputes, particularly in relation to product advertising and marketing; and trade practices/consumer law compliance training.
- Various intellectual property and misleading conduct/passing off disputes. Recently this has included defending an alcoholic beverage client in a get-up dispute in which proceedings were commenced and the matter resolved at mediation.
- Acting in design disputes and advising on design copyright overlap issues for unregistered designs.
- Advising and acting in relation to copyright and moral rights matters, particularly in relation to infringement including anti-piracy work for the film industry. Recent examples include negotiating a commercial resolution for a client whose photograph had been used without permission by a large international clothing retailer.
- Acting for and advising a client in relation to allegations by a franchisor of trade mark infringement, misleading conduct and passing off.
- Intellectual property related commercial agreements, including: agreements transferring intellectual property rights; intellectual property licence agreements; sponsorship agreements; advertising and marketing agreements.
- Acting in preparation of confidentiality agreements, intellectual property ownership agreements in connection with employment arrangements and consultancy/contractor arrangements.
- Advising a client in relation to possible breach of an exclusive distribution agreement.
- Advising on the nature and application of intellectual property provisions in a property lease.
- General commercial, in particular: providing specialist intellectual property expertise in connection with all forms of agreements and due diligences, including due diligences of franchises and reviewing and advising on franchise agreements; drafting various agreements including licensing agreements, consultancy agreements and supplier agreements, among others.
- Domain name disputes.
Strategic industry and other roles
Michelle has acted as a volunteer lawyer for the Arts Law Centre of Australia.
She is currently a volunteer Ethics Teacher for Primary Ethics delivering a weekly ethics class to primary school students.
Michelle’s recent publications include:
- Eadie, M and Cassie, S. Advertising on the Internet – Recent Issues Internet Law Bulletin (2014) 17(7)
- Eadie, M. Protection of Trade Marks in China, 6th Annual Patents and Trademarks 10 Points in One Day, 25 June 2014 (Seminar Paper)
- Eadie, M. IP Protection in China – Still a Misnomer? Australian Intellectual Property Law Bulletin (2013) 26(5)
Michelle’s recent speaking engagements include:
6th Annual Patents and Trademarks 10 Points in One Day LegalWise Seminar 25 June 2014
- Protection of Trade Marks In China: From Registration to Infringement
- Recent Issues in Trade Marks: Panel Member