Profile
James Samargis practices in all areas of intellectual property and in matters concerning information technology and the internet.
James provides validity and infringement advice for patent, trademark, design and copyright rights as well as advice on unfair advertising and misleading and deceptive conduct in trade under Australian Consumer Law.
James practices mainly in the Federal Court, appearing in infringement of rights actions, seeking or resisting injunctions and other urgent relief and preparation of matters for trial. His practice also extends to general commercial disputes with emphasis on IP and IT contract and licensing disputes.
James is a member of the Intellectual Property Society of Australia and New Zealand.James is immediate past Chairman of the Board of Craft Victoria, the peak State Body for Designer/Makers.
Recent Cases:Patents:
Catapult Innovations P/L v GPSports P/L & Faccioni
Area of Technology: Electronic Devices and computer software to monitor sports performance2011. Preparing Amended Defence and Cross-Claim and Particulars of Invalidity in Federal Court Proceedings. Reviewing and advising on prior art and preparing affidavit evidence. Settlement before trial in late 2011.
Trade Marks:
Integrated Hospitality Services P/L & Pearl Catering (Vic) Pty Ltd v Zeneldin [2011] FCA 720Successful urgent injunctive relief in Federal Court to protect the famous restaurant name and mark “Pearl”.
Designs:Reinders & Lion (Aust) Consolidated P/L v Romak Hardware Distributors (Australia) P/LArea of Technology: Metal hardware2011. Preparing Defence and Cross-Claim in Federal Court Proceedings. Reviewing and advising on prior art. Successful mediation in late 2011.Powerbox AG v Global Power Brands International P/L Area of Technology: Electric Power Tools2012. Preparing Fast Track Response and Cross-Claim in Federal Court Proceedings. Reviewing and advising on prior art. Advising on IP licence. Settlement before trial in late 2012.
Copyright:Emu Ridge Holdings P/L v Fluffy Footwear P/LArea of Technology: Footwear and Internet Advertising2012:Assisting with strategy, letters of demand and settlement of unauthorized advertising on internet across multiple jurisdictions.
Recent Papers:
2011 Law Institute of Victoria Spring Intensive – “IP Litigation - Tips and Traps”