Areas of expertise

Cases of interest

(NB In terms of Trade Mark matters, only notable Appeals are mentioned because of the frequency of ‘first instance’ and other appearances)

• Henson (p.k.a. ‘Dot Allison’) v Warner Chappell Music, McGuire & Holmes (p.k.a. ‘Death In Vegas’) & Universal Music (2013) (High Court, Chancery Division) Music copyright authorship, ownership and infringement; tortious conspiracy; breach of contract; limitation; acquiescence; laches and delay: Whether joint authorship/co-ownership of rights in the musical work created extemporarily during a recording session; the nature and effect of implied and express terms in a music publishing contract; the legal characterisation of parties acting together for an implied aim in the context of the creation of an extempore musical work and its subsequent exploitation; and whether the claims were statute barred or estopped.
• Re Simmons Trade Mark [2013] ITMAR (UKIPO, Appeal to the Appointed Person) UK Trade Mark earlier right/bad faith: Whether evidence formally challenged by pleadings; whether goodwill subsisting to support unregistered rights; whether rights abandoned in relation to a music business context; the scope and effect of UK unregistered rights reference a US proprietor; and the degree of enquiry necessary to establish bad faith.
• Seaton, Grant & others (p.k.a. ‘Musical Youth’) v Seddon, Universal Music, Music Sales & others [2012] All ER (High Court, Chancery Division) Music copyright authorship, ownership and infringement; fraud; breach of fiduciary duty/trust; unlawful interference; and mental versus legal capacity: Whether, in relation to the ownership of a derivative work and the representation of the band, the conduct of solicitor advisors was in fraudulent breach of trust; and whether the claims were statute barred or estopped.
• MediaCAT v Adams & others [2011] FSR (Patents County Court) Film copyright ownership, infringement, and licensing; P2P (Peer to Peer) use; the meaning of ‘authorising’; ‘discontinuance’ of an action under the CPR; and Norwich Pharmacal orders: The meaning of ‘making available to the public’; the technical evidence required to ground an infringement claim; the ambit of exclusive and non-exclusive licensee’s right(s) to sue; and the joinder of a rights owner as either claimant or defendant in the context of P2P and Wi-Fi router usage.
• Entegris Inc v OHIM  [2011] ECR (European Court of Justice, Appeal to the General Court) Community Trade Mark – registerability: Whether likelihood of confusion (OPTIMIZER / OPTIMIZE TECHNOLOGIES).
• Re Breadtalk PBE’s Trade Marks [2010] ITMAR (UKIPO, Appeal to the Appointed Person) UK Trade Mark – revocation for non-use: Whether Internet discussion forum focusing on goods in a specification constituted ‘trade mark use’; and the interrelationship between the Community Trade Mark Regulation and the European Convention on Human Rights.
• British Board of Film Classification (t/a BBFC) v Interactive Software Federation of Europe (t/a ISFE) (2009) (High Court, Chancery Division) Artistic work copyright infringement; Community and UK Trade Mark infringement and passing off: Whether proposed use of certain symbols in connection with the classification of computer games would constitute infringement of earlier rights.
• Danielle Lloyd v Carphone Warehouse & another [2009] EWHC (High Court, Chancery Division) Photographic copyright infringement; privacy; and vicarious liability: Whether employer vicariously liable for employee in relation to copying digital images per se; and whether primary conduct infringed rights in connection with the non-consensual copying of images taken with a mobile telephone camera.
• Re Tom Parker’s Trade Mark [2009] ITMAR (UKIPO, Appeal to the Appointed Person) UK Trade Mark registration procedure: The basis and limits of discretion of the Appointed Person to reserve an appeal to herself in the face of both an application to transfer made by the Respondent and a change of position by the Appellant.
• Euroinvest v BT [2009] (High Court, Chancery Division) Norwich Pharmacal Orders: Whether, in an ex-employee/IT context, there was sufficient evidence that email accounts and computer systems were accessed unlawfully.
• Dearlove (p.k.a. ‘Diddy’) v Combs (p.k.a. ‘Diddy’, ‘P.Diddy’ and ‘Puff Daddy’) [2008] EMLR (High Court, Chancery Division) Passing off and breach of contract: Whether same trade conduit/deception; whether the defendant enjoyed rights in the UK by or under the mark DIDDY; whether a song lyric can serve to advertise goods and services; and whether an artist controls material placed on websites such as YouTube and MySpace by others to whom he is commercially connected.
• Buchan (p.k.a. ‘The Exploited’) v Wondena (t/a ‘Dream Catcher Records’) (2008) (Chancery Division) Music contract: Whether, in an artist/ recording company context, a complex royalty accounting had been conducted properly.
• Beckingham (p.k.a. ‘Bobby Valentino’) v Wilson (p.k.a. ‘Bobby Valentino’ and ‘Bobby V’) & Def Jam Records (2008) (Chancery Division) Passing off; UK Trade Mark infringement; and breach of contract: Whether the nature and effect of recorded lyrics can ground an infringement of rights in record sales and artist’s live performance contexts.
• Atari v Opal [2008] (High Court, Chancery Division) Norwich Pharmacal Orders: Whether, in a P2P (Peer-to-Peer) context, there was sufficient evidence of illicit downloading of video games.
• Omega v OHIM [2007] ECR (European Court of Justice, Appeal to the Court of First Instance) Community Trade Mark registerability: Whether likelihood of confusion (OMEGA/OMEGA).
• Ontex NV v OHIM [2006] ECR (European Court of Justice, Appeal to the Court of First Instance) Community Trade Mark registerability: Whether likelihood of confusion (CURON/EURON)
• Experience LLC v Purple Haze Music & another [2005] EWCA (Court of Appeal) Performers rights: Whether the claimant was able to exploit lawfully certain recordings of the late Jimi Hendrix; and whether fact of a state joining EU has retrospective effect re performers rights.
• Sales v Stromberg & others [2005] FSR (High Court, Chancery Division) Design right infringement: Whether complementary medical devices, designed as jewellery are to be considered ‘commonplace in the design field in question’ given certain ‘ancient’ designs; the meaning of ‘design document’; and whether copying was ‘substantial’.
• Torry v Pink Floyd Music & others (2005) (High Court, Chancery Division) Music copyright authorship, ownership and infringement; limitation; acquiescence; laches, delay and unconscionable conduct: Whether joint authorship / co-ownership of rights in a musical work created extemporarily during a recording session; whether claims statute barred or estopped; and whether conduct of claimant or defendants was unconscionable (‘competing unconscionability’).
• Swan v Bereta & others [2005] EWHC (High Court, Chancery Division) Copyright subsistence and design right: Whether 3D greetings cards were ‘works of artistic craftsmanship’ / articles in which design right subsisted.
• Re Kraft Jacobs Suchard SA’s application [2003] ETMR (UKIPO, Appeal to the Appointed Person) UK Trade Mark registerability: Whether 3D triangular praline box (Toblerone) registerable; the proper basis for the introduction of new evidence on appeal; and whether earlier ‘shape mark’ registration ‘captured’ the later application.
• Re Nordic Sauna’s Application [2002] ETMR (UKIPO, Appeal to the Appointed Person) UK Trade Mark registerability: The nature of an absolute grounds objection and scope of term ‘geographic origin’.
• Nichol and others (t/a ‘Nichol & Dime’) v Shaun Rider [1999] WLR (High Court, Chancery Division) Breach of contract; unreasonable restraint of trade; and undue influence: Whether unlawful conduct in a music business management / artist relationship context.

Qualifications & appointments

• Honorary Board member of the UK Law Students Association

Professional membership & association

• Intellectual Property Bar Association
• Chancery Bar Association
• International Association of Entertainment Lawyers
• International Trademark Association

Education

• LLB (Hons.)

Published articles & seminars

• Competing unconscionability comes of age: January / February 2007, Commercial Litigation Journal
• Implications of an Extension to UK Copyright Term: 22 November 2005, LexisNexis Conference, London
• Image & Personality Rights in the UK: 30 September 2005, ITMA Autumn
• Defamation and the Net: Where are we going? [2004] ELR, vol. 15, issue 7
• Defamation and the Net: Where are we now? [2004] ELR, vol. 15, issue 6
• Use of Designs to Create the Brand; 5 May 2003, INTA Annual Conference, Amsterdam
• Recent High Court decisions: 25 June 2002, ITMA London
• Daimler Chrysler v Alavi (‘the Merc case’): 23 April 2002, ITMA, London

Personal interests

• Classic cars
• Fly fishing