Ben Gardiner was admitted to the Queensland Bar in 2004 and signed the Roll of the Victorian Bar in 2008. He is also admitted to practice in New Zealand.
Ben has degrees in Pharmacy (UQ, 1988), Business (QUT, 1995) and Law (JD, UQ, 2004) and completed postgraduate studies in Law (BCL) at the University of Oxford in 2005.
Before joining the Bar, Ben was associate to the Hon Michael Black AC QC (then Chief Justice of the Federal Court of Australia) and, prior to that, practised as a pharmacist for 12 years.
He is primarily based in Brisbane but regularly travels interstate for hearings and mediations.
Liability limited by a scheme approved under the Professional Standards Legislation
- Confidential Information
- Copyright & Designs
- Information Technology
- Media & Entertainment
- Privacy & Data Protection
- Trade Marks
Bachelor of Pharmacy
Bachelor of Business
Juris Doctor (JD)
Bachelor of Civil Law (BCL)
State and Territory Courts and Tribunals
Federal Court of Australia
High Court of Australia
Liberation Developments Pty Ltd v Lomax Group Pty Ltd  FCA 1180 – patent infringement & validity – trade mark infringement & validity – breach of Australian Consumer Law – unjustified threats – personal liability of respondent directors
Seal Hard Australia Pty Ltd v Laticrete International Inc  ATMO 48 – application for removal of a trade mark for non-use.
Resmed Limited v Fisher and Paykel Healthcare Limited – High Court of New Zealand CIV No 216-404-1968 – patent infringement and validity – 3 patents in suit in relation to masks and headgear for use with CPAP machines – settled prior to trial.
Chhabra v McPherson as Trustee for the McPherson Practice Trust (No 2)  FCA 448 – offer of compromise – indemnity costs.
Whitsunday Aerial Solutions Professionals Pty Ltd v Emprja Pty Ltd BRG603/2018 – copyright infringement.
Liberation Developments Pty Ltd v Lomax Group Pty Ltd  FCA 842 – patents – leave sought to press cross-claim and to file late evidence
Sambazon, Inc v Amazonia Pty Ltd VID 464/2018 – breach of ACL – settled after mediation
Calico Global Pty Ltd v Calico LLC  FCA 2096 – two appeals from decisions of the Registrar of Trade Marks
Chhabra v McPherson as Trustee for the McPherson Practice Trust  FCA 1755 – copyright infringement – passing off – breach of Australian Consumer Law
CSR Building Products Ltd v United States Gypsum Company  APO 64 – patent opposition – construction – clarity – inventive step
Hillbrick Bicycles Pty Ltd v F45 Training Pty Ltd  FCA 1089 – security for costs
Sportsbet Pty Ltd v Diogenes Ltd  APO 60 – patent opposition – invalidity – inventive step – utility – manner of manufacture
Aussie Concrete Products Pty Ltd v Norton QUD 196/2017 – defence to application to have patent revoked pursuant to s 138 of the Patents Act 1990 (Cth) – settled prior to trial with payment of indemnity costs
Tatts Group Ltd v Lottoland Australia Pty Ltd QUD 634 of 2016 – trade mark infringement, breach of ACL – cross-claim alleging invalidity of registered marks – settled at mediation.
JBS Australia Pty Ltd v Australian Meat Group Pty Ltd (2017) 128 IPR 398 – trade mark infringement – passing off – breach of the ACL.
JetBlue Airways Corporation v BlueSky Digital Pty Ltd QUD 26/2017 – trade mark infringement – settled prior to trial.
Titan Enterprises (Qld) Pty Ltd v Cross  FCA 1241 – subpoenas – privilege – trade mark attorney privilege
Titan Enterprises (Qld) Pty Ltd v Cross  FCA 890 – application to issue international subpoenas to foreign corporations
Titan Enterprises (Qld) Pty Ltd v Cross  FCA 664 – application for substituted service
KSAMS Nominees Pty Ltd v Centennial Park Cemetery Authority  ATMO 85 – trade mark opposition
Home Sweet Loans Pty Ltd v Members Equity Bank Limited QUD 399 of 2016 – trade mark infringement – whether use “as a trade mark” – settled after mediation
Catholic Metropolitan Cemeteries Trust v Bendigo Cemeteries Trust  ATMO 30 – trade mark opposition
Business Strategies International Pty Ltd v British Standards Institution  ATMO 9 – trade marks – application for removal of a trade mark for non-use.
Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd  FCA 746 – costs – apportionment of costs where neither party wholly successful.
Mineral Technologies Pty Ltd v Orekinetics Investments Pty Ltd  APO 23 – patent opposition – novelty – inventive step – method of manufacture.
Target Australia Pty Ltd v Catchoftheday.com.au Pty Ltd  ATMO 54 – trade mark opposition – parody – whether applicant’s mark likely to mislead or deceive.
Fletcher v Nextra Australia Pty Ltd  FCAFC 52 – Full Court appeal - consumer law – representations made in online blog – whether in trade or commerce – whether representations of fact or opinion.
Chernae Noonan v Benefit Cosmetics LLC  ATMO 17 – trade marks opposition.
NQ Group Pty Ltd v CQ Group Australia Pty Ltd  FCA 317 - passing off - discovery dispute - relevance of respondent's intention. Madden v Seafolly Pty Ltd  FCAFC 30 – Full Court appeal - trade practices - defamation.
Naiad Design Limited v Woody Marine Pty Ltd BRG 948 of 2014 – breach of copyright in boat design – trade mark infringement – passing off – breach of confidence – breach of ACL – settled at mediation. Roebuck v News Limited  ATMO 19 - trade marks opposition.
AstraZeneca AB v Alphapharm Pty Ltd VID876 of 2013 – pharmaceutical patent dispute.
Mondelez Australia Pty Ltd v The Natural Cordial Company Pty Ltd VID 952 of 2013 – trade mark infringement, passing off, breach of Australian Consumer Law – cross-claim for invalidity of trade mark – settled at mediation. Ranbaxy Laboratories Ltd v AstraZeneca AB (2013) 101 IPR 11 – pharmaceutical patent dispute – three patents – issues of infringement and invalidity.
Feggari Pty Ltd v ModelCo Pty Ltd VID 387 of 2013 – trade mark infringement, passing off claim – cross-claim for invalidity – settled at mediation. Australian Postal Corporation v Digital Post Australia Pty Ltd (No 2)  FCA 862 - trade mark infringement, passing off, breach of ACL. Seafolly Pty Ltd v Madden (2012) 98 IPR 389 - injurious falsehood, defamation, breach of TPA, copyright infringement. Seek Ltd v GMO (WA) Pty Ltd  ATMO 25 - trade mark opposition. Complete Technology Integrations Pty Ltd v Green Energy Management Solutions Pty Ltd  FCA 1319 - summary judgment - breach of employment contract, trade mark infringement, copyright infringement, breach of confidence, joint tortfeasorship of directors.
Bostik Australia Pty Ltd v Construction Technologies Australia Pty Ltd VID322 of 2011 – trade mark infringement, infringement of copyright, breach of contract, breach of contract, passing off, breach of trade practices legislation, joint tortfeasorship – settled at mediation.
Ron Englehart Pty Ltd v Enterprise Constructions (Australia) Pty Ltd  FCAFC 4 – Full Court appeal concerning copyright in building plans.
Groupon Inc v Scoopon Pty Ltd VID 655 of 2010 – breach of trade practices legislation, passing off. Yarra Valley Dairy Pty Ltd v Lemnos Foods Pty Ltd (2010) 191 FCR 297 - trade mark infringement, passing off, Part V TPA. Nutrientwater Pty Ltd v Baco Pty Ltd (2010) 265 ALR 140 - passing off, breach of Part V of the TPA.
Dimokranitis v Exotic Limo Pty Ltd  ATMO 69 - trade mark opposition.
Liquideng Farm Supplies Pty Ltd v Liquid Engineering 2003 Pty Ltd (2009) 79 IPR 439 - Full Court appeal concerning the principles to be applied when assessing an account of profits.
Intellectual Property Update - Screenshots from webpages held to be inadmissible hearsay by the Federal Court of Australia28 March 2017
Intellectual Property Law Update - Challenge to admissibility of survey evidence rejected16 March 2017
Intellectual Property Update - Trade Mark Attorney privilege is not the same as Legal Professional Privilege10 March 2017
Intellectual Property Law Update - Name of one of Burkina Faso’s 45 provinces rejected under s 41 TMA because it is a geographic location18 June 2016
Intellectual Property Update - Hells Angels ordered to give security for costs21 March 2016
Intellectual Property Law Update - Abbreviations and the “own name” defence19 October 2015
Intellectual Property Case Update - Close but no cigar07 October 2015
Intellectual Property Law Update - MALTITOS not deceptively similar to MALTESERS31 August 2015
Intellectual Property Law Update - Two yachts, one Anchorage16 June 2015
Intellectual Property Law Update - Indemnity costs ordered in Goose fight09 June 2015
Intellectual Property Law Update - Late evidence at the ATMO01 June 2015
Intellectual Property Law Update - Wild Goose chase might go all the way28 May 2015
Intellectual Property Law Update - Simple does not equal generic – Apple Inc25 May 2015
Intellectual Property Law Update - What on earth is honest concurrent use?22 May 2015
Intellectual Property Law Update - Revocation in the ATMO07 April 2015
Intellectual Property Law Update: Are there new rules on inherent adaptation to distinguish?31 March 2015
Intellectual Property Law Update - AUSTRALIA’S CHEAPEST CHEMIST Trade Mark invalid03 October 2014
Intellectual Property Law Update - Evidence in the Trade Marks Office – Common Problems – Part 212 September 2014
Intellectual Property Law Update - Evidence in the Trade Marks Office – Common problems – Part 114 August 2014
Intellectual Property Law Update - Additional damages under s 126(2) TMA can be retrospective11 August 2014
Intellectual Property Law Update - Should foreign words be registrable as trade mark?16 June 2014
Intellectual Property Law Update - $91k additional damages for TM infringement awarded06 May 2014
Intellectual Property Law Update - No news is not always good news30 April 2014
Intellectual Property Law Update - “Yellow” not inherently adapted to distinguish – who knew?03 March 2014
Intellectual Property Law Update - Bugatti GmbH v Shine Forever Men Pty Ltd14 February 2014
Intellectual Property Law Update - Trade Mark owner restrained from use of its own mark12 February 2014
Intellectual Property Law Update - Bob Jane Corp Pty Ltd v ACN 149 801 141 Pty Ltd12 February 2014
Intellectual Property Law Update - A Classic Case: The Shell Company of Australia Ltd v Esso Standard Oil (Australia) Ltd (1963)
Intellectual Property Society of Australia and New Zealand (IPSANZ)
Victorian Bar - Commercial Bar Association