Melissa Marcus Portrait

Melissa Marcus

Bar roll 2010 Admitted 1993
  • Commercial Law Intellectual Property
  • Tort Law
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Melissa Marcus practises in defamation law and all aspects of intellectual property

Melissa has extensive experience in trade marks, trade practices, marketing law, defamation law and general commercial law. She is a recommended Junior Counsel in intellectual property law by Doyle's Guide to the Australian Legal Profession.  

Melissa also has experience in Royal Commissions, having acted for a client before the Royal Commission into Institutional Responses to Child Sexual Abuse (led by Dr Matt Collins QC).  She also has experience as an independent auditor in relation to undertakings to the ACCC pursuant to section 87B of the Competition and Consumer Act 2010. 

Before joining the Bar, Melissa managed Mallesons Stephen Jaques' Trade Marks Group in Melbourne, providing trade mark, branding and general strategic advice to clients in Australia and overseas, and advising on oppositions and other IP disputes. She also worked at Linklaters in London after completing a Master of Laws at Cambridge University. 

Liability limited by a scheme approved under the Professional Standards Legislation

Contact

Correspondence
Chambers & Clerk

Aickin Chambers
Level 32 Room 1

200 Queen Street 
Melbourne VIC 3000 

View map

Jane King

03 9225 8558

Expertise

Intellectual Property
  • Appellate
  • Confidential Information
  • Copyright & Designs
  • Media & Entertainment
  • Patents
  • Trade Marks
Tort Law
  • Commissions & Inquiries
  • Defamation

Qualifications

Qualifications

Bachelor of Arts

Bachelor of Laws (Hons)

Master of Laws (Cantab)

Admitted

Victoria

Entitled to practise in

State and Territory Courts and Tribunals

Recent Cases

Royal Commissions

Acting for the Salvation Army Southern Territory in relation to the Royal Commission into Institutional Responses to Child Sex Abuse, including appearing before the Royal Commission in Adelaide in October 2015 in relation to Case Study 33 and in Sydney in December 2016 in relation to Case Study 49 (led by Dr Matt Collins QC).

Federal Court and Federal Circuit Court

Community First Credit Union Limited v Bendigo and Adelaide Bank Limited (2017) – trade mark cancellation proceedings and appeal from decision of Trade Marks Office (TMO) in trade mark opposition (led by Colin Golvan QC).

Metalsistem Australia Storage and Display Solutions Pty Ltd v Oshrat Kirk – (2017) claim for breach of confidence and breach of section 183 of the Corporations Act.

Dollhouse v Love D&VXOXO (2016) – Federal Court – trade mark infringement and misleading or deceptive conduct.

Fire Protection Association of Australia v Third Planet Group Pty Ltd and Anor (2016) – copyright infringement proceedings (led by Colin Golvan QC).

Monster Energy Company v Ox Group Global Pty Ltd  (2016) - appeal from decision of TMO re opposition to registration of Ox Group trade mark.

Roundtable on Sustainable Palm Oil v Apperley Holdings Pty Ltd (2016) – Federal Court trade mark proceedings and misleading or deceptive conduct (led by Colin Golvan QC).

Wolveridge Architects Pty Ltd v Sorrento Moon Pty Ltd and Ors (2016) – copyright infringement proceedings.

Louis Vuitton v Sonya Valentine and others (2015) – acting for one of the Respondents in Federal Court action in Victoria in relation to trade mark infringement, misleading or deceptive conduct and passing off action.

Marshall Power Australia Pty Ltd v Exide Australia Pty Ltd and Ors (2015) – trade mark infringement and misleading or deceptive conduct in the Federal Circuit Court in Sydney.

MZZNF v Minister for Immigration & Border Protection & Refugee Review Tribunal  [2015] FCCA 1792 – pro bono matter acting for asylum seeker.

Radnor v Ricegrowers Limited (2015) – Federal Court of Victoria trade mark infringement action against Ricegrowers.

Telstra Corporation Limited v Phone Directories Company Australia Limited and Ors [2015] FCAFC 156 - Full Court decision concerning Telstra’s application to register the word Yellow (led by G Schoff QC).

DTA (Australia) Pty Ltd v Italia Ceramics Pty Ltd (2014) – Federal Court action involving trade mark infringement, misleading or deceptive conduct and passing off (led by G Schoff QC).

Fire Protection Association of Australia v Simpro Software (2014) – copyright infringement action in the Federal Court of Victoria (led by M Collins QC).

Phone Directories Company Australia and others v Telstra Corporation Limited [2014] FCA 373 – 2 separate appeals (de novo) from the TMO relating to Telstra’s application to register the word Yellow (led by G Schoff QC).

Pandrol Australia Limited and another v Australian Railway Supply Company Limited (2013) – Federal Court NSW, trade mark infringement, misleading or deceptive conduct and passing off.

Sarkis Manufacturing and another v Diamonds International and others (2013) – acting for one of the respondents in relation to application for an interlocutory injunction in the Federal Court in Melbourne.

Smile Solutions v Cosmetic and Microdentistry Centre (2012) – acting for Smile Solutions in Federal Court application for urgent interlocutory injunction relating to the use of trade marks in keyword searches.

Wirra IP v Nutrition Care Pharmaceutical and another (2012) – trade mark infringement, trade mark revocation, misleading or deceptive conduct and passing off. Federal Court NSW.

Timber Ridge Investments v Auscut Queensland and others (2011) – Federal Court action involving trade mark infringement, misleading or deceptive conduct and passing off (led by C Golvan QC).

Supreme Court

Telstra Corporation Limited v Singtel Optus Pty Ltd [2018] VSC 247 urgent application on behalf of Telstra for interlocutory injunction relating to Optus’ advertisements relating to its mobile phone network (led by M Collins QC and Jim Peters QC).

Dean Al Sesalim v The Herald & Weekly Times and Anor (2017) – defamation proceedings (led by G Schoff QC).

Contract Control Services Pty Ltd & Anor v Regional Publishers (Western Victoria) Pty Ltd and Anor (2016) – injurious falsehood and defamation proceedings (led by M Collins QC).

Antonio Madafferi v The Age Limited and Ors [2015] VSC 682, [2016] VSC 103 – defamation proceedings (led by G Schoff QC).

Barry Plant Group Pty Ltd v Northcote Realty Pty Ltd (2016) – urgent injunction application relating to potential breach of franchise agreement.

Sharkey v The Age Company – defamation proceedings acting for The Age (led by M Collins QC).

Cripps and another v Vakras and another – defamation proceedings (led by W Houghton QC).

Winbet (Aust) v Racing Vic – Supreme Court of Victoria action relating to calculation of levy payable by Winbet to Racing Vic (led by M Collins QC).

Leon Pompei v The Mordialloc Boating and Angling Club and Ors – defamation proceedings.

McIntyre v Zadel – Supreme Court Victoria defamation proceedings.

Funtastic and another v IE Enterpises and another – urgent interlocutory application for search orders by Funtastic in late 2013.

County Court

Access Solutions Pty Ltd v Gamet Pty Ltd [2017] VCC 1563 – dispute concerning lockout of tenant by landlord involving conversion of goods and business interruption.

Deerfield Productions Pty Ltd v Evergreen Films Pty Ltd – acting for Australian subsidiary of US film production company in relation to commercial dispute brought by Australian composer. 

MMP Greater Geelong v Hayeswinckle Holding – County Court of Victoria defamation action (led by M Collins QC).

Schiavello v Exquisite Pty Ltd and another [2015] VCC 4 (29 May 2015) – County Court proceedings in relation to commercial dispute between the parties. 

Trade Marks Office proceedings

Bendigo and Adelaide Bank Limited v Community First Credit Union Ltd [2017] ATMO 73 - acting for Bendigo and Adelaide Bank Limited in relation to opposition to registration of the marks COMMUNITY FIRST BANK and COMMUNITY FIRST MUTUAL BANK in the name of Community First Credit Union Limited.

PayPal Inc v Giftmobile Pty Ltd [2017] ATMO 113 - acting for PayPal in relation to opposition to trade mark number 1677875 for GiftPAL in the name of Giftmobile Pty Ltd.

Ananda Marga Pracaraka Samgha Ltd v Amurt Inc [2016] ATMO 72 (opposition).

Ananda Marga Pracaraka Samgha Ltd v Seva Dharma Mission (Australia) Limited [2016] ATMO 79 (opposition).

Ananda Marga Pracaraka Samgha Ltd v Seva Darma Mission (Australia) Ltd [2015] ATMO 96 (section 92 removal application)

Storm Group v Storm International Group Pty Ltd [2016] ATMO 99 (opposition).

Abaco Machines (Australia) Pty Limited v Aardwolf Australia Pty Ltd [2015] ATMO 55 72 (opposition).

Gervasi Nominees Pty Ltd and Santo Gervasi v Winmart Pty Ltd [2015] ATMO 6 (opposition).

Phone Directories Company Australia and Optus’ opposition to Telstra Corporation Limited’s application to register the colour yellow [2015].

McD Asia Pacific LLC v Sheikhtaba Pty Ltd [2015] ATMO 112 – acting for Sheikhtaba in in relation to opposition by McDonalds to registration of the mark MAKFOODS and device.

eBay Inc v Tradiebay [2013] ATMO 58 72 (opposition).

Medibank Private Limited opposition to Randall Communications Pty Ltd’s application to register MEDIBAND PLUS [2013] 72.

Match Investments v Match Realty Limited [2012] ATMO 90 72 (opposition).

Basic Trademark SA v Krelia Tobacco Company Inc [2012] ATMO 125 72 (opposition).

Telstra Corporation Limited v Phone Directories Company Pty Ltd [2012] ATMO 114 72 (opposition).

NSE Products Ltd v International Waters Pty Ltd [2011] ATMO 35 72 (opposition).

PayPal Inc v Credibank Pty Ltd [2011] ATMO 76 72 (opposition).

Memberships

Victorian Bar - Commercial Bar Association

Intellectual Property Society of Australia and New Zealand (IPSANZ)

Intellectual Property Society of Australia and New Zealand (IPSANZ) - Committee Member Victorian Division