Please join us for an AIPPI seminar with Warwick Rothnie and Gabriella Rubagotti.
Join Gabriella and Warwick, as they examine what the High Court in Zip Co v Firstmac [2026] HCA 16 decided constitutes "honest concurrent user" and how it interacts with the defence to trade mark infringement. Drawing on the case as run, they look at when honesty is assessed, who bears the onus, and the evidentiary gaps that decided it, then turn to practical implications for assessing whether the defence is available and what to do when it is claimed.
Registration is free for members and $40 for non-members.
Warwick Rothnie practises in intellectual property law, trade practices, telecommunications and commercial law.
Warwick's practice includes infringement and validity actions; seeking and defending interlocutory injunction applications; and patent and trade mark hearings, oppositions and appeals. Warwick also regularly advises in relation to validity and infringement of intellectual property rights and represents parties at mediations.
Warwick is a panelist for the World Intellectual Property Organisation (WIPO) in domain name disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) and the auDA Domain Name Dispute Policy (auDRP).
Warwick is listed in both Doyle's Guide to Leading Victorian Intellectual Property Barristers (2024) and Doyle’s Guide to Leading Australian Intellectual Property Barristers (2024) as a Preeminent Intellectual Property Junior Counsel. Warwick is also listed in the Legal 500 Asia-Pacific (2025) as a Leading Junior Counsel. His review reads: “Strong, academic focus – particularly in copyright and patent matters." Warwick is also recognised in Who's Who Legal - Australia and New Zealand (2022) for his expertise in trade mark law and in the Australian Financial Review's Best Lawyers Australia guide for his expertise in intellectual property law (2026).
Before coming to the Bar, Warwick was a partner in the intellectual property and trade practices group of Mallesons Stephen Jacques.
Admitted as solicitor in 2003 and called to the Bar in 2010, Gabriella Rubagotti practises in all areas of intellectual property (patents, trade marks, copyright and plant breeders rights), media, competition, consumer and contract law, intentional torts, breaches of confidence and privacy law, the latter including data breaches. She also has extensive experience in inquiries and investigations, including medical regulatory investigations and profession discipline matters.
Gabriella appears regularly in the High Court of Australia, including in some of the most notable intellectual property, defamation and implied freedom of political communication cases of the past 15 years. She has appeared in appeals, she has appeared in applications for special leave and she has appeared in removal applications under s 40 of the Judiciary Act.
Gabriella has a deep interest in health, medicine, biology, physiology and related matters, and expertise in the human health and animal health fields. In those fields she has appeared in patent cases, in cases involving regulatory infringements, in cases involving misleading or deceptive claims, and in inquiries. Most notably, Gabriella has more than 20 years’ experience in patent litigation, especially in the human health fields, and she has appeared as counsel assisting significant Commonwealth and State human health inquiries.
Gabriella also has extensive experience in breach of confidence claims, be they substantive proceedings or search order or preliminary discovery applications. She is called to advise upon privacy laws pertaining to information privacy, including health data, and the new statutory tort for the invasion of privacy.
Gabriella accepts direct briefs in proceedings before IP Australia.
Gabriella is recognised in Chambers Asia and Pacific, in Doyle’s Guide as a leading intellectual property junior counsel in NSW and Australia, in Australia’s Best lawyers for Intellectual Property and Defamation & Media, in the Legal 500 Asia & Pacific for TMT & IP, and the World Trademark Review.
Gabriella is fluent in Italian. She has acted in cases involving Italian entities and has drafted affidavits, translated commercial documents, and communicated with clients and witnesses in Italian. She has a particular interest in and knowledge of Italian geographical indications.
Gabriella holds a Bachelor of Laws and a Bachelor of Arts (Hons) degree from the University of New South Wales.
