Madeleine McMaster
Special Counsel
Areas of Expertise

Intellectual Property, trade marks, advertising & marketing, litigation & dispute resolution, technology commercialisation

Madeleine assists clients in relation to all aspects of intellectual property law, including trade marks, designs, copyright, confidential information, domain names and patents.  Her experience encompasses both advisory and dispute and enforcement related matters (including before the Federal Court of Australia and the Australian Trade Marks Office), such as filing and prosecution strategies for trade marks and designs, trade mark oppositions, IP commercialisation and licensing advice and copyright ownership and compliance guidance.  

She also regularly advises on consumer law matters, product labelling, online marketplace enforcement and border protection programs.

Madeleine acts for a range of clients, including major Australian and overseas companies through to growing Australian businesses and start-ups.  Her experience covers a wide variety of industries such as consumer goods, fashion, beauty, retail, health, automotive, engineering and recreational sectors.

Madeleine's clients appreciate her willingness to understand their business and needs, with her taking a practical and commercial approach when providing advice on various IP matters.

What others say

Key Lawyer, Intellectual Property
Legal 500 Asia Pacific, 2024
Rising Star, Intellectual Property
Managing IP, IP Stars, 2021-2023
Rising Star, Intellectual Property & TMT
Doyle's Guide, 2021

Experience

Copyright and trade mark disputes

Representing one of Australia’s largest retailers of fashion, accessories, footwear, stationery and gifts in all copyright and trade mark infringement disputes over the past six years, including various proceedings issued in the Federal Court of Australia.

Reputational rights disputes

Acting in trade mark infringement, passing off and misleading or deceptive conduct proceedings in the Federal Court of Australia for one of Australia’s largest retailers and distributors of automotive aftermarket parts and accessories.

Copyright and design overlap disputes

Acting in the successful defence of copyright infringement claims in the Federal Court and Full Federal Court of Australia concerning 'works of artistic craftsmanship' in both first instance and appeal proceedings.

Trade mark and design portfolios

Managing the global trade mark and design portfolios of well-known Australian and global brands, including one of the largest sexual health and wellness companies globally, one of Australia’s best known global fashion and accessories brands and an emerging global leader in skin care and sun protection.

Domain name disputes

Acting for various clients in domain name dispute proceedings under WIPO's Uniform Domain Name Dispute Resolution Policy (UDRP) and auDA's .au Dispute Resolution Policy (auDRP) to successfully transfer domain names held by cyber squatters or third parties in bad faith.

Breach of confidence

Acting in breach of confidence and copyright infringement proceedings in the Federal Court of Australia, including an application for urgent interlocutory relief, for a designer and manufacturer of luxury offroad caravans.