Sheana Wheeldon


Barrister Sole

Email: sheana@quaychambers.co.nz
Phone: +64 9 972 1471

Practice areas

  • Trade marks law:
    • IPONZ trade mark proceedings:
      • Trade mark oppositions
      • Revocation actions
      • Invalidity actions
    • Appeals to High Court from IPONZ proceedings
    • Trade mark infringement
    • Commercial advice.
  • Patent law:
    • Infringement
    • Invalidity
  • Copyright law
  • Passing off and Fair Trading Act
  • Independent second opinions
  • Dispute resolution / Litigation including:
    • Interim injunctions
    • Supervision of search (Anton Piller) orders

Professional history

2015 –Barrister, now at Quay Chambers
2005 – 2014Partner and Head of IP Group, Kensington Swan
1997 – 2004Senior Associate (2002), Associate (2000), Solicitor (1997), Kensington Swan
1989 – 1993Registered Patent Attorney, James W Piper & Co

Profile

Sheana is a dual qualified lawyer and patent attorney, and one of New Zealand’s leading Intellectual Property practitioners. She has over 25 years’ experience covering all areas of IP law, and has practised as a barrister since 2015, after ten years as a partner and head of the IP practice at national firm Kensington Swan. Her special interest is resolution of contentious IP matters, particularly trade mark proceedings at IPONZ and other disputes in the trade mark, patent and copyright fields.

With a focus on commerciality, Sheana is often successful in resolving disputes cost-effectively and without the need for drawn out litigation. Sheana has a strong interest in Alternative Dispute Resolution. She is a Resolution Institute accredited mediator and a member of the Domain Name Commission’s Panel of Experts who decide disputes concerning .nz domain names. She is a member of the New Zealand Law Society IP Committee, Vice-President of IPSANZ and a member of the New Zealand IPSANZ Committee.

Sheana is named as a leading New Zealand IP lawyer in numerous publications including Who’s Who Legal: Patents 2017, Expert Guides – Women in Business Law 2017, Asia IP Experts (Trade Marks, Patents, Enforcement, Litigation, Pharma and biotech) 2016, World Trademark Review 2016, Euromoney Trade Mark Expert Guide 2016, Asialaw Leading Lawyers 2016.

Outside her professional life Sheana’s favourite activities are spending time with family and friends, in particular her adult daughter and son, and pursuing her passion for all things Italian.


Significant cases Sheana has been involved in include:

  • Gourmet Beverages Pty Ltd v Chris Alexander Sanson [2017] NZIPOTM 16 (31 May 2017)

  • Fantech (NZ) Limited v Systemair Aktiebolag [2017] NZHC 234 CIV‑2015‑485‑778, High Court Wellington, 22 February 2017, Clark J

  • Manupack Pty Limited v ADNS International Pty Limited [2016] NZIPOTM 7 (20 April 2016)

  • Pearson Australia Group Pty Ltd v Rangitoto College [2016] NZHC 2603 CIV‑2016‑404‑001294, High Court Auckland, 2 November 2016, Venning J

  • Red Bull GmbH v Drink Red Limited [2016] CA 149/2016, Court of Appeal 11 August 2016; [2016] NZHC 531 CIV‑2015-404-1033, High Court Auckland, 24 March 2016, Brewer J
  • Unilever PLC v McPherson's Consumer Products Pty Limited [2013] NZHC 1458
  • Te Runanga O Toa Rangatira Incorporated v Prokiwi International Limited [2012] NZIPOTM 14 (1 June 2012)

  • New Zealand Milk Brands Ltd v Pabst Brewing Company [2011] NZIPOTM 3 (Mar. 30, 2011)

  • Aventis Pharma SA v Pharmaco (NZ) Ltd (2010) CIV-2010-404-1670, High Court Auckland, 4 June 2010, Harrison J

  • Frucor Beverages Ltd v Red Bull GmbH (2010) CIV-2009-404 -6525, High Court Auckland 12 February 2010, Potter J

  • Pfizer Ireland Pharmaceuticals v Eli Lilly & Co CA 8/05, 8 December 2005 (and key member of Eli Lilly & Co’s legal team in this substantive patent infringement and revocation litigation concerning Pfizer’s Viagra patents). Pfizer’s claim was withdrawn shortly before trial.

  • Vans, Inc v Pacific Brands Ltd (2006) CIV-2006-485-1036 High Court Wellington 29 September 2006, Simon France J; 29 TCL 43/5; [2006] BCL 960
  • Carabao Tawandang Company Ltd v Red Bull GmbH (2006) CIV-2005-485-1975, High Court Wellington 31 August 2006, Clifford J; 29 TCL 39/8)

  • Containerlift Services Ltd v Maxwell Rotors Ltd (2003) 10 TCLR 807

  • Rainbow Technologies Inc v Logical Networks Ltd [2003] 3 NZLR 553

Professional memberships

  • New Zealand Law Society
  • Fellow of the New Zealand Institute of Patent Attorneys
  • New Zealand Bar Association
  • Intellectual Property Society of Australia and New Zealand
  • International Trademarks Association
  • Resolution Institute (accredited mediator)