Katrina Rathie

Katrina Rathie

Katrina Rathie is the Partner in Charge, Sydney at King & Wood Mallesons named Best Law Firm by the AFR for the fourth year in a row in March 2019.

Katrina is a member of the firm’s senior leadership team and is responsible for the management of our Sydney office which has over 850 employees. She is a member of Chief Executive Women and a member of the Managing Partners Diversity & Inclusion Forum.

Katrina has been named Woman Lawyer of the Year, Private Practice by the Women Lawyers Association of NSW. The award recognised Katrina for having achieved excellence in her practice and for making an outstanding contribution to the advancement of women in the legal profession, including role modelling gender and cultural diversity.

Katrina has been named in the 2019 Global Top 250 Women in IP by Managing Intellectual Property and an IP Star 2019 (Trademark & Copyright). Katrina was named Intellectual Property Partner of the Year 2018 at the Lawyers Weekly Partner of the Year Awards. She is a preeminent brands/intellectual property lawyer and Australian Consumer Law litigator - she focuses on the advertising, marketing, brands, fast moving consumer goods, retail, digital, on-line and media sectors.

Katrina was voted Best in Intellectual Property Litigation by her peers at the Australasian Women in Business Law Awards and is known for her exceptionally high level of client service and expertise, winning ILO's “Client Choice Award, Intellectual Property” award for Australia. She is ranked as a Leading Individual by Chambers 2019 , Legal 500 Asia Pacific (Intellectual Property) ‘Katrina is unbelievable at running IP litigation’, and Bests Lawyers 2019 in seven areas - ADR, Commercial Law, Entertainment Law, Intellectual Property Law, Litigation, Product Liability and Regulatory Practice. She has an individual Gold star rating for IP enforcement and litigation from WTR’s World’s Leading Trade Mark Professionals, which says:

 “Katrina is one of the best partners in town in this space. She is utterly brilliant, understands our business and industry and always puts clients first. She always delivers the best".

Katrina has acted as the Chair and a member of the Ad Jury (formerly Advertising Claims Board) and represents clients in self-regulatory and Court challenges to the legality of advertising campaigns under the Australian Consumer Law. She advises on brand protection and enforcement, misleading and deceptive conduct, passing off, trade mark, designs and copyright infringement and compliance with advertising, consumer, product and media laws/codes, including in the cosmetics, therapeutic goods and healthcare areas. Katrina advises clients on the protection of corporate reputation and social media issues.

Katrina holds a Bachelor of Commerce (Accounting & Financial Management)/Laws degree from UNSW Sydney and is admitted to the New York Bar. She is an Alumni Leader of UNSW Business School and a member of the UNSW Sydney Law Advisory Council.

Katrina is a Councillor of Cranbrook School and Chair of Cranbrook Foundation. She is a non-executive director of The Starlight Children's Foundation Australia, Osteoporosis Australia and a number of KWM related entities. She is a graduate of the Australian Institute of Company Directors and is on the Advisory Board of Media Diversity Australia.

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Representative Matters

Katrina is a strategic litigator with a winning track record in disputes - she has successfully acted on a number of landmark Australian cases including:

    • Reckitt Benckiser v Procter & Gamble Australia [2018] FCA 378: successful defence of an interlocutory injunction against Procter & Gamble's comparative advertising case for Fairy Platinum.
    • Energizer Australia v Procter & Gamble Australia: successful defence of an attempt to restrain an integrated Christmas advertising campaign for Duracell's Star Wars promotion.
    • LG Electronics v Samsung Australia case before the Ad Jury involving advertising claims about OLED & OLED TVs.
    • Energizer Australia v Procter & Gamble Australia [2016] FCA 347: defence of contempt of court litigation relating to inadvertent breaches of Court orders.
    • Samsung Electronics v LG Electronics Australia [2015] FCA 227: successful defence of a challenge to LG’s integrated advertising campaign for LG Cinema 3D televisions including a challenge to a 6,000 person on-line market survey.
    • Unilever Australia v Revlon Australia [2014] FCA 573 and 875: a Federal Court case involving oxygen, ultimate, strongest and passing off claims made by leading brands of anti-perspirant deodorant products.
    • Kosciusko Thredbo v ThredboNet Marketing [2014] FCAFC 87: acting for Kosciusko Thredbo in a leading Full Federal Court case involving the thredbo.com.au website, Facebook page and other domain names.
    • AFSL v Hills [2014] HCA 14: a 7-0 win in the High Court of Australia in a leading case on the change of position defence and the law of restitution/unjust enrichment.
    • ACCC v Dateline Imports [2014] FCA 791 and appeal: successful defence of Keratin Complex in a test case brought by the ACCC in relation to product safety laws under the Australian Consumer Law. The Court found that the ACCC had failed to prove the majority of representations alleged and ordered the ACCC to pay $300,000 towards the respondent’s costs.
    • Specsavers v Luxottica [2013] FCA 648: successful defence of OPSM’s “Better Glasses, Better Lenses, Better Fit” integrated advertising campaign for Accufit.
    • Budget Eyewear v Specsavers [2013] FCA 507: a case which established copyright in advertising taglines misappropriated by a competitor.
    • Plain packaging case, [2012] HCA 43: acting in the High Court of Australia in a challenge to Australia’s world first plain packaging laws which prevent trade marks and logos being used on products legally sold in Australia.
    • Energizer Australia v Procter & Gamble Australia: acting for Duracell in a dispute about “our longest lasting AA battery” claim.
    • Acting for Woolworths in brand protection, trade marks, advertising and IP matters.
    • Acting for Luxottica, Event Hospitality & Entertainment, QBE, Monde Nissin/nudie in the management of their trade mark portfolios
    • Acting for Citigroup, Inc in a number of trade mark oppositions involving the third party use of CITI.
    • Bodum Australia v DKSH: [2011] FCAFC 8: Australia’s leading authority on passing off and misleading and deceptive conduct of designs and product shape. Katrina successfully acted for Bodum in establishing that the shape of the Chambord coffee plunger could be protected via establishing a common law reputation.
    • Luxottica v Specsavers series of cases [2010] FCA 423 involving comparative advertising challenges between competitors and confidentiality issues.
    • Machine Zone v Weezeewig: obtained Orders against an individual who had engaged in cyber trespass of a market leading App.
    • The Kettle Chip case - one of Australia’s first successful trade dress cases with an $11 million account of profits award.
    • The Duff Beer case - one of Australia’s most celebrated character merchandising cases. Thomas-the-Tank-Engine case - obtained injunctions to prevent the use of the name The Thomas Shop and the colour blue by an unauthorised re-seller of Thomas-the-Tank-Engine merchandise.
    • NSW Government - acted as a consultant in relation to the world first ambush marketing laws used to protect the Sydney Olympic Games.
    • Lego case - a win in Australia’s last case to be heard in the Privy Council involving the design/copyright overlap of the world’s most famous brand.

Qualifications

    • 1985: Bachelor of Commerce/Bachelor of Laws, University of New South Wales 
    • 1985 - 1988: Solicitor, Mallesons Stephen Jaques 
    • 1988 - 1990: Admitted to the New York Bar. Attorney of the Supreme Court of New York and practised advertising, media and entertainment law in New York
    • 1990 - 1993: Senior Associate, Mallesons Stephen Jaques
    • 1994 - present: Partner, King & Wood Mallesons, Sydney
    • 2014 - present: Partner in Charge, King & Wood Mallesons, Sydney

Professional Memberships

    • Australian Institute of Company Directors
    • International Trademark Association
    • Intellectual Property Society of Australia
    • Women’s Lawyers Association

Key Clients

Blackmores, Bodum, Bubs, Duracell, Dymocks, Endeavour Drinks, Event Hospitality & Entertainment (Event, QT, Thredbo), IP Australia, Laser Clinics, LG Electronics, Luxottica, Nestlé, Nespresso, Procter & Gamble, QBE, Revlon, Woolworths.


Location

Legal insights

Australian businesses in the food, alcohol and agricultural sectors will be impacted by a free trade agreement proposal by the European Union (EU) relating to European Geographical Indications if...

20 September 2019

On 25 August 2017, the Government tabled its long-awaited response to the Productivity Commission’s recommendations in relation to Australia’s intellectual property arrangements.

28 August 2017

Productivity Commission released its draft report on its inquiry into Australia’s intellectual property arrangements.

29 April 2016

The assessment of inherent distinctiveness is a two-step process which first considers the ordinary signification of the mark.

04 December 2014

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