Practice Areas
Bio
Clare has extensive experience in litigation involving copyright, trade marks, contracts, confidential information and consumer protection gained over 15 years at major international law firms in London and Sydney. Clare has also advised national and international companies on brand protection and advertising clearance, commercial agreements and the IP aspects of corporate acquisitions.
She is also admitted as a barrister and solicitor in the High Court of New Zealand.
Representative Work
Representing Netflix, Inc. in Copyright Tribunal proceedings brought by APRA AMCOS.
Representing Australian production company Hopscotch Features in a Supreme Court contractual dispute brought by Entertainment One Films Australia.
Defending major national law firm, Maurice Blackburn Lawyers, in Federal Court trial, and subsequent appeal, proceedings brought by a US asset manager in relation to the “Fearless Girl” statue at first instance and appellate level (trade mark, copyright, intereference with contractual relations, misleading or deceptive conduct).
Representing Universal Music Publishing in relation to it’s copyright infringement claim against Clive Palmer regarding his use of Twisted Sister’s rock anthem “We’re Not Gonna Take It” in his 2019 election campaign, at first instance and appellate level.
Representing Kobalt Music in Federal Court litigation in relation to the song “Love is in the air”.
Representing 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.
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 on a very complex damages enquiry before the Federal Court in relation to the “usual undertaking as to damages”.
Other Contributions
Clare sits on the firm's Management Committee.
Clare regularly advises clients of the Arts Law Centre of Australia on a pro bono basis 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. She has been awarded an Arts Law Pro Bono Award on four occasions.
