Karen Anne Hayne
Partner
"Advising my clients and solving their legal problems is more than just my job. I do feel very much a part of each of my clients' businesses, so I take it personally. Their success is my success."
Karen is fully invested in the commercial success of her clients – and takes the success or failure of her clients personally. If she is successful with a matter for a client, then she feels like she has also had a win. But if they lose, then likewise she considers this a personal loss in a sense as well. Karen’s approach is one where she goes beyond the procedural and looks to what it is that the client wants to achieve and why. This enables her to provide a commercially and legally creative and practical solution for her clients.
It is extremely important that Karen’s role as legal advisor to her clients benefits their businesses and assists their success. As many of her clients, including some large global brands for whom she acts in Australia, do not have a local corporate or in house counsel, she very much feels a part of their business and team. Karen enjoys acting for her clients and takes considerable pride in acting for each of them and having them entrust her with their legal work and valuable intellectual property.
The intellectual property work she undertakes includes acting for some of the world’s largest brand names, as well as iconic Australian brands. Her practice includes maintaining the integrity of my clients’ trade marks as well as advising on their trade mark portfolios and brand protection strategies. Additionally, she provides advice to her clients on every aspect of intellectual property which may affect their business, including piracy, customs, infringement, disputes and commercialisation. This can include advice relating to patents, trade marks, domain names, designs, copyright and confidential information.
Virgin Enterprises Limited (located in UK) — I have, since approximately 2000, undertaken all of the Virgin Group’s intellectual property work in Australia in respect of the VIRGIN and other core brand. I am instructed in connection with this work from the Virgin Group’s head office, currently located in London. My work for this client has included conducting a large number of Federal Court proceedings involving trade mark infringement; breaches of the Australian Consumer Law and passing off claims, arising from use of infringing domain names, trade marks, business and company names. In addition, I have provided extensive brand strategy advice, dealing with the Virgin Group’s Australian trade mark portfolio, as well as acting in a large number of opposition proceedings in the Trade Marks Office.
Nintendo Group of companies (instructed from Japan and USA) — I have, for many years, assisted Nintendo with protecting its valuable intellectual property, including its copyright and brands in Australia – including providing strategy advice and actions in relation to piracy and customs issues and all facets of infringement of the Nintendo Group's rights in Australia.
Formula One (instructed from the UK) — Acted in relation to Australian trade mark infringement and related matters, including customs issues, for Formula One for many years. This has included dealing with Trade Marks Office matters, disputes, customs training, protection and commercialisation of the valuable intellectual property assets of this business.
Monash IVF Pty Ltd — I have been assisting Monash IVF since 2015 in respect of its trade mark and related intellectual property issues, including its trade mark portfolio strategy in Australia, brand disputes and assisting with brand protection issues throughout the world.
Fin Control Systems Pty Ltd — I advise this company and its related businesses, including undertaking intellectual property infringement and strategy work, in Australia and overseas. This includes proceedings in the Federal Court of Australia in relation to registered design and patent infringement issues.
The Beauty Chef Pty Ltd — and its founder Carla Oates, also entrust me with the protection of all of the intellectual property and brand protection work for this business, including brand strategy in Australia and overseas.
Recognition
Chambers Asia-Pacific: Australia — Intellectual Property: Trade Marks & Copyright — 2020 - 2023
Chambers Global: Australia — Intellectual Property: Trade Marks & Copyright — Regularly rated up till 2023
Doyle's Guide — Leading Contentious Intellectual Property Lawyers: Recommended — NSW — 2020 - 2022
Doyle's Guide — Leading Non - Contentious Intellectual Property Lawyers: Recommended — NSW — 2022
Doyle's Guide — Leading Trade Mark Lawyers: Recommended — NSW — 2016 - 2020
Managing IP — IP Stars Australia: Trade Mark Star — 2017 - 2022
The Legal 500 Asia Pacific — Intellectual Property: Recommended Lawyer — 2020 - 2022
Who’s Who Legal — Global Leader — IP - Trademarks — 2019 - 2022
Who’s Who Legal — National Leader: Australia & New Zealand — IP - Trademarks — 2019-2022
World Trademark Review (WTR1000) — Trademark Enforcement & Litigation, Australia — 2012 - 2023
World Trademark Review (WTR1000) — Trademark Prosecution & Strategy, Australia — 2012 - 2023
World Trademark Review (WTR1000) — Trademark Transactions, Australia — 2021 - 2023
Industries
Technology
Entertainment
FMCG
Food Manufacturing
Health
Hospitality
Media
Property
Property and Commercial Development
Retail
Seafood
Other areas of expertise
Australian Consumer Law
Domain name and social media issues
Patent disputes
Registered designs
Qualifications
Bachelor of Laws (Honours), University of Melbourne
Associate Diploma of Business in Legal Practice, Royal Melbourne Institute of Technology
“An expert on branding, Hayne remains the trusted on-the-ground counsel for international enterprises without a physical presence in Australia. “Karen offers excellent, creative advice based on the client’s need and preferred approach. She develops a deep understanding of each business, its core values and its IP history.”
World Trademark Review (WTR1000) – 2021