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Timothy Appleby

Lawyer
+61.3.9640.4264
Fax +61.3.9205.2055
Mr. Appleby is a commercial and litigation lawyer with extensive experience in intellectual property law, including acting for clients in matters involving trade marks, copyright, designs, confidential information, patents, and competition and consumer law issues, particularly with clients in the media, entertainment, technology, fashion, FMCG, and sports sectors.

Mr. Appleby offers comprehensive intellectual property legal services, including assisting clients in the formation and protection of their brand, the ongoing management and exploitation of their intellectual property portfolio, and prosecuting and defending against infringement actions.

With a broad legal background, Mr. Appleby is also well placed to assist in intellectual property matters that involve more general commercial issues.

Professional Background

Prior to joining K&L Gates, Mr. Appleby worked at a large national law firm and two leading specialist media and entertainment law firms, primarily working in commercial, intellectual property, technology, media and telecommunications, and corporate law, advising clients ranging from international FMCGs, national franchisors and high net worth individuals to technology start-ups, musicians and fashion designers.

Prior to his career in law, Mr. Appleby worked in artist management within the music industry, and he continues to work closely with individuals and businesses within the creative industries generally.

Professional/Civic Activities

  • The Law Institute of Victoria member
Trade Marks
  • Advising the owner and operator of the Spirit of Tasmania in relation to its trade mark portfolio.
  • Assisting in the deployment of an enforcement campaign targeting individuals and businesses using "13CABS", "MAXI TAXI" and/or "SILVER SERVICE" without the approval of our client, a national taxi service provider.
  • Responding to examination reports received from IP Australia in relation to our home builder client's recent trade mark applications.
Litigation
  • Acting for a leading Australian automotive electronics product and service provider in a complex Federal Court matter involving allegations of misuse of confidential information, breaches of supplier and employment agreements, infringement of copyright, misrepresentation, payment of secret commissions, and breaches of fiduciary obligations.

Prior to joining K&L Gates, Mr. Appleby's experience included:
  • Drafting, negotiating and advising on contractor and services agreements, including an agreement with a digital product prototyping and artificial intelligence software developer client and the NSW Department of Finance, Services and Innovation.
  • Drafting and advising on intellectual property licensing agreements, including a trade mark license and endorsement agreement with a world champion professional surfer client and a health foods/juice company.
  • Drafting and advising on privacy policies, including for companies in Europe and that service European clients, ensuring compliance with the General Data Protection Regulation.
  • Managing and settling disputes and litigious matters in the Supreme Court, District Court and Federal Court (including briefing and instructing leading Junior and Senior Counsel, drafting pleadings and other court documents, interviewing witnesses, drafting affidavits and attending court for mentions and to instruct counsel).
  • Settling a trade mark infringement action brought against an international skin care/cosmetics client and a second respondent, an international skin care/cosmetics retailer, that included a cross-claim for non-use, ensuring that my client secured all rights in the trade mark and could relaunch into the Australian market.
  • Preparing an application for an injunction under s115a of the Copyright Act on behalf of a national broadcaster client to order carriage service providers to block access to websites facilitating the illegal access of content.
  • Settling a debt recovery claim for a marketing agency client which was brought by a website developer in which the agency was not required to pay the amounts claimed as the developer had not met the project deliverables.
  • Advising a client in relation to a copyright and passing off claim in relation to a company that offered the same services and created a substantially identical website, resulting in the company being forced to make changes to its website.