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Sarah Butler

Partner - Sydney

Areas of Expertise

Corporate & Commercial Law, Technology, Media & Communications, Trade Mark and Brand Management, Intellectual Property, Startups & Emerging Enterprises, Government

Contact Sarah

+61 2 8083 0498 sarah.butler@holdingredlich.com Connect

Expertise

Sarah has deep expertise in all aspects of IP (including, in particular, contentious and non-contentious trade mark and brand protection), advertising and marketing, media, and commercial and regulatory issues. Sarah is known by clients for her approachability, efficiency, and clear communication and advice. Sarah was recently recognised as a thought leader by Mondaq’s Thought Leadership Awards for Australia for her article "'Greenwashing': A caution to trade mark owners".

Experience

Sarah’s recent experience includes: 

Intellectual property (including trade marks and brand management)

Sarah has specialist expertise in the area of intellectual property. She works with clients on the entire intellectual property lifecycle from the initial innovation stage, intellectual property protection, commercialisation and enforcement of intellectual property rights. 

Sarah regularly assists clients with:

  • all aspects of domestic and international trade mark registration and protection, and trade mark portfolio management 
  • contentious intellectual property matters and intellectual property disputes 
  • advising on complex intellectual property licensing and assignment arrangements, and the commercialisation of intellectual property.

Advertising and marketing

Sarah acts for a number of advertising clients. She regularly drafts and negotiates commercial agreements, advises on trade promotions, pre‐vets advertising material (including in relation to copyright, the Australian Consumer Law, the advertising codes of conduct and defamation law issues), and provides assistance and advice in relation to Ad Standards complaints. 

Sarah regularly assists clients with: 

  • the negotiation and drafting of commercial agreements (such as client services agreements and agreements with key talent)
  • the pre-vetting of advertising material (including for copyright, Australian Consumer Law and defamation issues)
  • assistance and advice in relation to Ad Standards complaints
  • assistance and advice in relation to trade promotions.

General commercial, technology and regulatory

Sarah regularly acts for clients in relation to drafting and negotiating commercial contracts, services agreements and licensing arrangements. She regularly advises clients on regulatory compliance, including, in particular, in respect of compliance with the Australian Consumer Law. 

Sarah regularly assists clients with:

  • sponsorship agreements
  • services agreements
  • distribution and supply agreements
  • referral agreements
  • matters involving regulatory compliance, approvals and dealings with regulators (including the Australian Competition and Consumer Commission and the Australian Communications and Media Authority) 
  • both the restrictive trade practices and consumer protection provisions of the Competition and Consumer Act.

Membership

Member, Communications and Media Law Association (CAMLA)
Member, Intellectual Trademark Association (INTA)
Member, Intellectual Property Society of Australia and New Zealand (IPSANZ)
Current Committee Member, Famous and Well Known Marks Committee, Intellectual Trademark Association (INTA)

Publications

06 November 2024 - Knowledge

AANA releases new Environmental Claims Code applicable to all Australian advertising

#Technology, Media & Communications, #Environmental, Social and Governance (ESG)

The new Code released by the Australian Association of National Advertisers (AANA) will commence from 1 March 2025, and will require advertisers to ensure that any environmental claims in advertising are truthful, clear, transparent and verifiable.

30 October 2024 - Knowledge

Proposed reforms to the Australian Consumer Law set to address unfair trading practices

#Competition & Consumer Law

The government has recently announced proposed reforms to expand the framework under the Australian Consumer Law to include a wider range of unfair conduct that is currently unregulated.

30 October 2024 - Knowledge

Trade mark lessons from Hemmes Trading v Establishment 203: Registration, reputation and reasonable diligence

#Trademark and Brand Management, #Intellectual Property

A recent case between two hospitality companies using similar names for their venues highlights three important lessons in trade mark and brand protection for all businesses.

06 December 2023 - Knowledge

Maintaining the health of your brand names and trade marks

#Trademark and Brand Management, #Intellectual Property, #Corporate & Commercial Law

Conducting regular ‘health checks’ of a business’ trade mark portfolio and strategy is critical to brand protection.

06 December 2023 - Knowledge

Changes to the Children’s Advertising Code are here

#Technology, Media & Communications, #Corporate & Commercial Law

The Australian Association of National Advertisers’ new Children’s Advertising Code came into effect on 1 December 2023. Brands and advertisers need to reassess how they advertise to children.

28 June 2023 - Knowledge

Ad Standards year in review: Lessons for brands and advertisers

#Technology, Media & Communications

Ad Standards recently released its yearly Review of Operations, offering brands and advertisers helpful insight into the types of advertisements most likely to attract complaints and the most topical issues for consumers and regulators.

06 June 2023 - Knowledge

'Greenwashing': A caution to trade mark owners

#Intellectual Property

The recent crack-down on “greenwashing” has seen business owners considering the potential impact on trade marks used to promote environmental credentials of goods and services.

26 April 2023 - Knowledge

Taking a gamble: Proposed reforms to the National Classification Scheme

#Technology, Media & Communications

The federal government has proposed new rules, including for classifying video games with simulated gambling and paid loot boxes, aiming to protect vulnerable players and modernise the National Classification Scheme. How will this impact the industry?

19 April 2023 - Knowledge

How to assess trade mark infringement claims and deceptive similarity

#Intellectual Property

We look at the set of principles used by the High Court in Self Care IP Holdings Pty Ltd v Allergan Australia Pty Ltd [2023] HCA 8 to assess ‘use as a trade mark’ and ‘deceptive similarity’ in an infringement claim.

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