Profile
Sheana works both as a specialist Intellectual Property dispute resolution advocate, and as a commercial mediator.
With over 30 years’ experience in dispute resolution, Sheana joined the independent bar in 2015 after many years’ in legal practice, including ten years as a partner at Kensington Swan (now Dentons).
She has assisted in resolving countless disputes, both as lawyer and mediator. Her focus is all kinds of commercial disputes, and she has particular legal and practical expertise in Intellectual Property disputes including IPONZ proceedings. She brings mediation and legal expertise, plus positivity and clear thinking, to her mediation and dispute resolution practice.
Practice areas
Mediation
Sheana is a Fellow of AMINZ (Mediation) and a member of its Mediation Panel and IP List. She serves on the Mediation Panel of the Sports and Recreation Complaints Mediation Service (SRCMS) and mediates ACC review applications for ICRA.
Sheana is passionate about mediation as a positive means of resolving disputes. She has successfully mediated numerous and varied disputes, both relatively simple and highly complex, and on occasion involving challenging situations and personalities.
As a mediator Sheana helps parties to identify their real interests, find common ground and explore intelligent, pragmatic and creative settlement options. She works hard to facilitate mutual understanding, and finds it is usually possible to achieve an agreement, allowing the parties to move on and saving them considerable stress, uncertainty and costs.
In the Trade Marks space and drawing on her indepth legal expertise, Sheana offers efficient fixed price mediation packages for resolving IPONZ proceedings. The focus is on looking for an outcome that is more comprehensive, certain and beneficial to both parties, compared with what can be achieved at a hearing. For more information please contact Sheana by email or phone.
Intellectual Property Disputes
Sheana has specialised in Intellectual Property disputes for many years and is a well known expert in this area. She is a registered trans-Tasman patent attorney and acts as counsel for a wide variety of clients, in trade mark, patent and copyright disputes. She has appeared at numerous IPONZ and High Court hearings, and in the Court of Appeal.
Within her IP specialty Sheana provides advice (legal and strategic) and representation on all kinds of IP disputes. She is efficient and commercial, and focuses on what her clients want to achieve. She has a particular interest in IPONZ trade mark proceedings, where she has indepth experience and expertise.
Sheana accepts instructions through local and international law firms and patent attorneys, and can also take direct instructions in appropriate cases. She is happy to provide independent second opinions and to address not only the legal issues but also to give strategic and practical guidance.
In the adjudication space Sheana serves on the Panel of Experts who adjudicate domain name disputes for the New Zealand Domain Name Commission.
She is also able to take the role of Expert where parties agree to seek Expert Determination in IP cases.
Specific areas of IP in which Sheana has expertise are:
- Trade Marks:
- IPONZ trade mark proceedings:
- Oppositions
- Revocation actions
- Invalidity actions
- Appeals to High Court from IPONZ proceedings
- Trade mark infringement
- Commercial advice.
- Patents:
- Infringement
- Invalidity
- Copyright infringement
- Passing off and Fair Trading Act
- Dispute resolution / Litigation including:
- Interim injunctions
- Supervision of search (Anton Piller) orders
Sheana is named as a leading New Zealand IP lawyer in numerous publications including Who’s Who Legal: Trade Marks 2024 and Patents 2024 and Euromoney's Women in Business Law Expert Guide 2022.
Professional qualifications and memberships
- BA, LLB (Hons)
- New Zealand Law Society
- Fellow (Mediation) of Arbitrators' and Mediators' Institute of New Zealand (AMINZ)
- Fellow of the New Zealand Intellectual Property Association Inc. (NZIPA)
- New Zealand Bar Association
- Intellectual Property Society of Australia and New Zealand (former Vice-President and committee member)
- Resolution Institute (accredited mediator)
Professional history
| 2015 – | Barrister, now at Quay Chambers |
| 2005 – 2014 | Partner and Head of IP Group, Kensington Swan |
| 1997 – 2004 | Senior Associate (2002), Associate (2000), Solicitor (1997), Kensington Swan |
| 1989 – 1993 | Registered Patent Attorney, James W Piper & Co |
Significant cases Sheana has been involved in include:
IPONZ proceedings and appeals to High Court:
Successfully defending opposition to GORGONZOLA Certification Trade Mark ([2022] NZIPOTM 13)
Acting for Retirement Commissioner in invalidating registration of GET SORTED by Cash Converters ([2022] NZIPOTM 3)
Pharmazen Limited v Anagenix IP Limited [2018] NZIPOTM 27; [2019] NZHC 1520 (1 July 2019)
Target Australia Pty Limited v Target New Zealand Limited [2018] NZIPOTM 16; [2019] NZHC 923 (30 April 2019)
Techtronic Power Tools Technology Limited v Shenzhen Oneplus Science & Technology Co. Ltd [2018] NZIPO 6
Bullsone Co. Limited v Red Bull GmbH [2018] NZIPOTM 5
Trade Me Limited v NZME Publishing Limited [2017] NZIPOTM 22
Fantech (NZ) Limited v Systemair Aktiebolag [2017] NZHC 234 CIV‑2015‑485‑778, High Court Wellington, 22 February 2017, Clark J
Unilever PLC v McPherson's Consumer Products Pty Limited [2013] NZHC 1458
Acting for Fonterra in successfully opposing PRIMO trade mark for beer ([2011] NZIPOTM 3)
Rainbow Technologies Inc v Logical Networks Ltd [2003] 3 NZLR 55
Court proceedings:
Stabicraft Marine Limited v Sea King Boats Limited [2022] NZHC 2447
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
Aventis Pharma SA v Pharmaco (NZ) Ltd (2010) CIV-2010-404-1670, High Court Auckland, 4 June 2010, Harrison 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
Contact Sheana
Quay Chambers is located on the corner of Quay Street and Commerce Street in the Britomart precinct. We are a short walk from Britomart Train Station, Britomart Car Park and Downtown Car Park. There are also pay and display car parks nearby.
Physical Address:
Level 7, 2 Commerce Street, Auckland 1010
Postal Address:
PO Box 106215, Auckland 1143
DX: CP 18023
Telephone:
+64 9 972 1471
Facsimile:
+64 9 377 5071