IP Litigation Lawyer Brisbane & Queensland
Enforcing and defending intellectual property rights across trade marks, copyright, patents and designs — in the Federal Court and Supreme Court of Queensland.
Our IP litigation lawyers act in the Federal Court of Australia and the Supreme Court of Queensland — enforcing trade mark, copyright, patent and design rights for businesses across Brisbane, Queensland and nationally.
Principal Nicole Murdoch is a registered trade marks attorney, bringing registration expertise and litigation capability together in a way most firms cannot match.
Protect what you’ve built. Enforce it with precision.
Our Expertise
Key IP Litigation Expertise — Enforce, Defend, Recover
EAGLEGATE provides full-spectrum IP enforcement and litigation services across all intellectual property types.
Trade Mark Infringement
Cease and desist demands, Federal Court infringement proceedings, injunctions and damages claims where competitors use the same or a deceptively similar mark. We also act in passing off and Australian Consumer Law misleading conduct claims where marks are unregistered. See our Trade Mark Infringement Lawyer Brisbane page.
Copyright Enforcement
Acting for copyright owners — including software developers, content creators and digital businesses — in infringement claims involving copying of code, creative works, data compilations and online content. Urgent injunctions where infringement is ongoing. See our Copyright Infringement Lawyer Brisbane page.
Patent Disputes
Advising on patent infringement risk, freedom to operate, and validity. Acting in Federal Court patent infringement proceedings — from claim construction to final hearing — for both patent owners and respondents. See our Patent Litigation Lawyer Brisbane page.
Design Infringement
Enforcing registered design rights where a competitor’s product copies the visual appearance of yours under the Designs Act 2003 (Cth). Acting in Federal Court proceedings and securing urgent relief. See our Design Infringement Lawyer Brisbane page.
IP Injunctions & Urgent Relief
Obtaining interlocutory injunctions, search orders and preservation orders in urgent IP matters. When infringement is ongoing and causing escalating harm, urgent court relief can be obtained in days. See our Injunctions & Preservation Orders page. Learn more.
Cease and Desist & Pre-Litigation Strategy
Strategically drafted cease and desist notices that achieve compliance — or lay the groundwork for proceedings. IP enforcement is often resolved at this stage when backed by credible litigation capability. See our IP Enforcement & Cease and Desist Brisbane page.
Approach
Our Approach to IP Litigation
Assess
We review your IP rights, the infringing conduct and the evidence quickly. You receive a frank assessment of the strength of your claim and the remedies available — before any substantial costs are committed.
Demand
Where appropriate, we issue a strategically positioned cease and desist notice. The tone, content and timing is deliberate — designed to achieve compliance or set up proceedings if the infringer does not respond.
Apply
Where urgent relief is needed, we move to court immediately — preparing affidavit material and appearing before a duty judge on an urgent basis to obtain injunctions or preservation orders.
Enforce
Where proceedings are required, we run them with precision — evidence gathering, pleadings, hearings and negotiation — with a clear commercial objective throughout.
Resolve
Most IP disputes resolve before reaching a final hearing. EAGLEGATE positions your matter strategically at every stage — pursuing the outcome that best reflects the strength of your case and the harm caused, whether through negotiated resolution, undertakings or court-ordered remedies.
Why EAGLEGATE
Why Clients Trust EAGLEGATE for IP Litigation
Registered Trade Marks Attorney
Principal Nicole Murdoch is a registered trade marks attorney — combining registration expertise with enforcement capability in a way most litigation firms cannot offer.
Doyle’s Guide-recognised 2020–2026
EAGLEGATE has been recognised in Doyle’s Guide as a Recommended Intellectual Property Law Firm in Queensland every year from 2020 to 2026 — seven consecutive years. That sustained recognition reflects a consistent record of client outcomes across trade mark, copyright, patent and technology matters.
Technically Fluent
Our lawyers understand software, engineering and product design — not just the law. That technical grounding makes our case preparation faster and more accurate in technically complex IP disputes.
Federal Court Experience
We act in the Federal Court of Australia and the Supreme Court of Queensland in Brisbane — across trade mark, copyright, patent and design infringement proceedings.
Boutique Precision
EAGLEGATE delivers top-tier IP litigation capability with the focus and responsiveness of a boutique firm. You deal with the lawyers who run your matter.
Recent Cases
Active Skin Pty Ltd v Yey Pty Ltd (No 2) [2026] FedCFamC2G 733 — Federal Circuit and Family Court of Australia
EAGLEGATE acted for the directors of a company in the Federal Circuit and Family Court of Australia in a matter arising from a trade mark registration appeal. The respondent, having successfully defended the appeal and obtained a costs order against the company, subsequently applied for orders that the directors pay those costs personally — a third party costs order.
EAGLEGATE acted for the directors in resisting the application. The application was dismissed. The Court found that the directors’ involvement in causing the company to bring and maintain the trade mark appeal did not make them the true parties to the litigation and did not constitute an abuse of process. The respondent was ordered to pay the directors’ costs of the application.
The case is a useful illustration of the limits of third party costs orders in IP litigation — and the importance of understanding directors’ personal exposure when a company is involved in trade mark and IP proceedings.
Read the judgment on AustLII | Read our article on this case
Insights
- What remedies are available for IP infringement?
Depending on the IP right and the circumstances: injunctions, account of profits or damages and additional (flagrancy) damages, delivery up and destruction of infringing goods, and costs.
- How quickly can you act?
In urgent cases we can prepare and file an injunction application within hours. The key is acting promptly — delay affects both the availability of urgent relief and how courts assess prejudice.
- Do I need a registered trade mark to take action?
No. If your mark is not registered you may still have claims in passing off and under the Australian Consumer Law. However, registered trade mark rights are stronger and easier to enforce.
- What does IP litigation cost?
Costs depend on complexity, the other party’s conduct, and the stage at which it resolves. EAGLEGATE provides transparent cost estimates at each stage — and most IP disputes resolve before a full hearing.
- What is the difference between IP litigation and using a patent attorney?
Patent attorneys specialise in obtaining and prosecuting patents through IP Australia. IP litigation lawyers take infringement disputes to court — building cases, running proceedings and securing remedies. EAGLEGATE provides the litigation capability; for patent prosecution we work with the client’s patent attorney where one is engaged.
Book a 30-minute confidential consultation.
Protect your IP. Act before the damage compounds.