Fiona Trethewey Principal

Fiona Trethewey heads up our intellectual property team and specialises in intellectual property law and franchising.  She has extensive experience in assisting clients with a range of commercial issues linked to these areas of specialty.

She has advised the Commonwealth of Australia on major commercial and procurement contracts and manages trade mark and intellectual property portfolios for a number of clients nationally and internationally across a broad range of industries and assists other clients with prosecution and infringement matters.  Clients she has acted for include Sensis, Glossier Inc, United Biscuits, Monde Nissin, Toyota, BP, The Commonwealth of Australia, Canopy Growth Corporation, Tweed Inc, Spectrum Cannabis Canada, Vivo Cannibis, TS Brandco, Philmac, Schweppes, Johnny Rockets, WeBank, GLI International, Access Hardware, Ziebart, Mahercorp, Dunlop Flooring, Penley Estate, Kirrihill Wines, Kangaroo Island Futures Authority, Oakwood, Herjavec Group, Broadsheet Media, T Bar, Tutor Bright, The Honest Group, ratemyagent, Helping Hand Aged Care, Pokéme, Vet Partners, Magellan Travel Group, Ulithorne, Silk Laser Clinics, iX Biopharma, XBlades, Benepha Inc, Mathnasium, Lambrook, Beaumont Tiles, Centennial Park, Cocolat, and The Wolf Gang.

Fiona assisted Philmac to obtain the first colour trade mark registration in Australia.  She also assisted the Kangaroo Island Futures Authority establish the regional branding for Kangaroo Island.

Fiona advises on all aspects of Australian trade mark law including searches, applications, registrations, prosecutions, licensing and distribution, enforcement and litigation.  She is genuinely interested in familiarising herself with her client’s businesses and helping them to achieve desired commercial outcomes.

She also has expertise in commercial transactions, licensing and distribution.

In litigation, Fiona has acted in various disputes and court proceedings involving alleged trade mark and copyright infringement for clients including The Honest Group, Smartpath, Urban Property Group, Helping Hand Aged Care, Magellan and Schleese.  Recently she acted for Sensis in successful trade mark infringement proceedings (and defending a non-use counteraction) in the Federal Court against Senses Direct.

Fiona has immersed herself in wine law, and until recently had an interest in a viticulture consultancy and two highly regarded South Australian vineyards.  Fiona acts for a number of franchise systems and has been recognised by the Franchise Council of Australia as its 2009 SA Franchise Woman of the Year.

Previously, Fiona was a partner in a large national firm where she was employed for some 13 years.  She holds a Bachelor of Laws (Honours) and a Bachelor of Commerce from Flinders University, has a Masters of Law (specialising in Intellectual Property) from the University of Melbourne and is a Registered Trade Marks Attorney.

Recognition

Fiona has received the following recognition:

  • The Best Lawyers™ in Australia for Franchise Law (2015-2020).
  • Doyles Guide – recommended in the Leading Intellectual Property Lawyers and Leading Technology Media & Telecommunications Lawyers categories for South Australia (2018 & 2019).

KHQ Lawyers

Latest News & Insights

Court finds Sensis marks infringed by Senses Direct


Posted By on 3/06/19 at 12:32 PM

By Jessica McNamara (Senior Associate) and Fiona Trethewey (Principal) Sensis Pty Ltd (Sensis), one of Australia’s largest marketing and advertising businesses, has succeeded in a claim against New South Wales based marketing business, Senses Direct Mail and Fulfillment Pty Ltd (Senses Direct), for trade mark infringement. Trade mark infringement In a judgment delivered on 24 … Read more

Who’s who in the zoo – how independent is your Australian IP attorney (part 2)


Posted By on 15/03/19 at 3:41 PM

Concerns in Australia and New Zealand around conflicts arising from the new business model of publicly listed companies acquiring multiple Australian and New Zealand IP firms have continued to increase over the past 12 months. As you may recall, these concerns are centered on the independence of these firms, conflict issues and disclosure to clients … Read more

Who’s who in the zoo – how independent is your Australian IP Attorney?


Posted By on 23/02/18 at 9:51 AM

Increasing concerns in Australia and New Zealand around conflicts arising from the new business model of publicly listed companies acquiring multiple Australian and New Zealand IP Firms have led to the new Code of Conduct for Trans-Tasman Patent and Trade Mark Attorneys 2018 which commences today. These concerns are centred on the independence of these … Read more

Hemp seeds can now be used in food in Australia


Posted By on 24/01/18 at 9:06 AM

Variations to the Food Standards in Australia and New Zealand commenced on 12 November 2017, permitting the use of low-THC hemp seeds as food for sale or as an ingredient in food for sale. Hemp has already legally been used in food for many years in countries such as the USA, Canada and certain countries … Read more

Unconscionable conduct: ACCC cleans up franchisor


Posted By on 25/10/15 at 1:37 PM

The Federal Court has again reminded us that the law will step in to defend franchisees who have suffered at the hands of overzealous franchisors. The Court recently found that an experienced franchisor, South East Melbourne Cleaning (South East) engaged in unconscionable conduct in its dealings with franchisees and contravened section 21 of the Australian … Read more