Our People + Principals

David Stewart

BA (W.Aust) 1989, LLB (Murdoch) 1993, LLM (Murdoch) 2000, MANZCN

Dave is a principal of Williams + Hughes, specialising in intellectual property law.

Since 2000, Dave has been successful in 20 of 23 trade mark opposition and related hearings in which he appeared as counsel. In 2013, 2014 and 2015 Dave was featured in the World Trademark Review 1000 – The World’s Leading Trademark Professionals, a highly-regarded independent publication which identifies the world’s leading trade mark practitioners. In 2014, Dave was acknowledged in Managing Intellectual Property Magazine’s IP Stars awards.

Dave has worked in Australia, Japan and Hong Kong, and from 2000-2003 practiced in intellectual property and technology law, including IT and technology procurement, throughout East Asia.

Non-contentious experience

The core of Dave’s non-contentious practice is trade mark advice and prosecution, brand development advice, domain name advice, and advertising and labelling advice.

Dave also has experience in the following areas:

  • Commercial IP and IT agreements. Dave is repeatedly involved in IT procurement for banks, engineering firms, mining companies, government agencies and classified work for defence companies. Amongst other major transactions, Dave has negotiated telecommunications services agreements between a major bank and a telco; negotiated and drafted documents for a pilot CRM program for a multinational brewer; and assisted many companies with IP and technology due diligence in corporate transactions.
  • Social Media, Search Engine Optimisation, and Domain Name Disputes: Dave very frequently advises companies on social media issues relating to misleading and deceptive conduct, privacy laws, and unfair competition issues in search engine optimisation. Dave has acted for many companies in policing domain name cyber squatters.
  • Advertising and labelling laws including laws around geographical indicators for wine and food.
  • Technology issues in the resources sector.

Contentious experience

Dave has appeared before the Federal Court of Australia, the Federal Magistrates Court, and the Trade Marks Registrar in both Australia and Hong Kong as counsel, and has managed many domain name disputes.

Qualifications and Experience

Dave was admitted to practice as a lawyer in 1995, as a registered trade mark attorney in 1999, and was appointed a public notary in 2012. Dave gained his LLM in IP in 2000.

Dave has lectured at Murdoch University’s School of Law (in 2000, 2007, 2012 and 2014) and has been a guest lecturer at the Australian Graduate School of Management’s MBA program (2000-2003 in Hong Kong) and Edith Cowan University’s School of Graphic Design (2006-2010, 2012, 2014). In 2004 and 2005 Dave was invited by the Asia Foundation to Phnom Penh to assist Cambodian judges, businesses, government officials and unions understand the IP implications of Cambodia joining the World Trade Organisation. Dave attended the World Intellectual Property Organisation’s Advanced Domain Name Workshop in Geneva in 2011, and in September 2013 was appointed an Adjunct Professor of Law at Murdoch University.

Dave assists many not-for-profit charities and organisations on a pro bono basis.

Dave is a member of the Law Society of Western Australia, the International Trademark Association, the Pharmaceutical Trade Mark Group and the Australia Defence Industry Network. Dave is based in our West Perth office.

When not in the office, Dave enjoys snowboarding and indoor climbing.

Core practice areas are:

  • Contentious and non-contentious intellectual property laws
  • Information technology contracts
  • Advertising, branding and labelling laws
  • Social media law including laws relating to SEO
  • Laws relating to classified and confidential information

Reported intellectual property decisions in which Dave was counsel:

  • Re Lawrence (2005) 67 IPR 455*
  • McDougall v Deckers Outdoor Corporation (2006) 68 IPR 322* (the “Ugg Boot” decision, which was the subject of a television documentary)
  • Paramount Pictures and others v Hasluck (2006) 70 IPR 293*
  • Re: Raytheon Company (2011) 90 IPR 427*
  • Parkside Towbars v Tow-Safe (2011) 91 IPR 416*
  • Peet Ltd v Feldbay Pty Ltd (2012) 98 IPR 516*
  • Lockheed Martin Corporation v Raytheon Company (No 1) (2013) 99 IPR 274*
  • Lockheed Martin Corporation v Raytheon Company (No 2) (2013) 99 IPR 288
  • Cash Converters Pty Ltd v Webber (No 2) (2014) 104 IPR 337*
  • Ashley Chase Estate Limited v Spanish Foods (Aust) Pty Ltd (2014) 104 IPR 376*

Unreported intellectual property decisions in which Dave was counsel:

  • CFEB Sisley v Hopitakkul [2000] Decision of HKTMR on Opposition to Application 421 of 1994*
  • Federated Department Stores Inc v Macy’s Candies Limited [2001] Decision of HKTMR on Opposition to Application 13340 of 1993
  • Southcorp Limited v Barwick Wines Pty Ltd [2006] ATMO 68*
  • Re: Wesbeam Holdings Limited [2006] ATMO 73*
  • Proper Australia Inc v Peet & Company Limited [2008] ATMO 91*
  • Tricarico v Dunn Bay Holdings Pty Ltd [2010] ATMO 109
  • Tricarico v Dunn Bay Holdings Pty Ltd [2012] FCA 271 (appeal)*
  • Cash Converters Pty Ltd v Webber (No 1) [2013] ATMO 34*
  • Re: Western Australian Land Authority [2014] ATMO 10
  • Footwear Industries Pty Ltd v PT Alasmas [2014] ATMO 41*
  • Franklins Pty Ltd v No Frills Pty Ltd [2014] ATMO 55*
  • Doric Management Pty Ltd v Loukat Holdings Pty Ltd. [2014] ATMO 78*
  • Combined Communications Pty Ltd v Combined Communications Solutions Pty Ltd [2014] ATMO 117*
  • Celltrion Inc v Janssen Biotech Inc [2014] ATMO 121*

Domain name decisions for which Dave was responsible:

*Indicates successful outcomes