Len Hickey
Principal Solicitor

Len is an experienced intellectual property (IP) lawyer with expertise across all areas of IP. His experience includes IP enforcement and litigation, trade mark registration, IP commercialisation, marketing law and breach of confidence claims. 

Len’s previous experience includes working as internal legal counsel for top 5 global food company Kraft Heinz , where he oversaw major IP and marketing law projects and litigation spanning Australia, New Zealand, China and South East Asia. 

Len regularly presents to clients and industry on current legal developments affecting businesses in his areas of practice, including recent court decisions concerning IP and marketing laws. He has also conducted litigation at trial and appellate levels in the Federal Court of Australia and the Supreme Court of Victoria. 

Len has particular industry expertise in software, fast-moving consumer goods (FMCG) and food and beverage. Matters he has worked on over the course of his career include: 

  • Acting for the applicant in a large and complex breach of copyright and confidence case against 13 respondents (including companies in Korea), which resulted in a successful judgment for $168.5 million in damages payable to the applicant. 
  • Obtaining an urgent injunction for a health food products company against an online trade mark and copyright infringer, and successfully obtaining final judgment including an Australian record for additional damages for trade mark infringement. 
  • Acting for the owner of the iconic Corner Hotel music venue in Melbourne against multiple respondents in a trade mark infringement case. 
  • Acting for a foreign dental implants manufacturer in multiple trade mark litigations and oppositions spanning Australia and New Zealand. 
  • Acting for an Australian pet food ingredient supplier prosecuting patent infringement claims against multiple parties. 
  • Acting for the appellant in a landmark patent licensing case regarding s145 of the Patents Act 1990. 
  • Acting for a US pet toy manufacturer and its Australian subsidiary against an Australian importer of products who was infringing the client’s registered shape trade mark. 

Other recent matters include: 

  • Advising local and foreign clients on trade mark oppositions and non-use actions, and regularly instructing foreign agents on trade mark prosecution matters. 
  • Defending misleading labelling claims by the ACCC, including instructing external lawyers on drafting defence documents and assisting with the preparation of extensive expert and lay witness evidence, including numerous witness interviews. 
  • Advising on an action against a manufacturer selling counterfeit products online in China, including instructing Chinese investigators and lawyers to gather evidence for submission to Chinese authorities. 
  • Identifying strategic opportunities to file trade mark oppositions as part of a major global brand repatriation project. 
  • Advising on an agreement for licensing a house-brand to a third party for use on co-branded products. 
  • Managing international trade mark portfolios for various consumer products companies and other large organisations.