Activity
What I have been doing recently
As of March 2025
IP general: US companies; can the IP they own be expropriated? Patents: acting for patent owner in factually complicated technologies; Patents: the usual adequacy of PPD vs adequacy of the claim chart issue, who is to blame? Light fittings: design right and threats made by foreign solicitor; what is to be done? Trusts (involving trade marks): have the trustees paid themselves; will they provide information? Data: non invasive surveillance not involving informants or communications interception – dos and donts. Registered Designs & Threats – (1) enquiry as to damage arising as a result of an unlawful threat and (2) (separate case) what to do if you buy products out of the back door of a factory and the goods turn out to be infringing. Trade Mark oppositions based upon pre-existing mark (and in one case whether a word was prohibited and thus could not form part of a registration) galore: many seem to be turning on the first part of the sign sought to be registered. Data Protection and procedure: to what extent can stolen evidence used to support a case of unfair dismissal be justified under the GDPR. Infringement: acquiescence (issues both as to time and as to knowledge – how far does Budwiser go?). Freedom of Information: getting information out of the government, cost. Contract and copyright: advising on proposed settlement terms. Trade Marks: to what extent can a very descriptive word be registered in a different area? Patents: clearance advice concerning chemical preservatives intended to preserve more labile chemicals. Money: construction of a loan agreement and who owns the copyright in that agreement (see mathematics entry below). Crime and Money Laundering: assisting in crypto recovery claim and process. Patents, Copyright and Confidential Information: client made disclosure relating to AI method of analysing voices to determine relative performance of team members all in stressful situations (e.g. flying a failing aeroplane or managing a collapsing coal mine), on confidential terms. Trade Marks and Passing Off: client with significant goodwill in foodstuffs abroad, web presence here and trade marks liable to be revoked for non use; advising on way forward.
Defamation and financial services: one trader questioning the mathematics of another – is mathematics always truthful? The answer, it seems, is not always … it depends; advising client on resisting proceedings. Patents: mechanicals; construction; Amazon take down; threats. Design Right: how do the 5-10-15 year rules of duration work? What contributes similar or significant from a design right perspective. Copyright: work of artistic craftsmanship, has the WaterRower interim decision changed the rules? Trade Marks: identity of the typical consumer in an NHS purchasing context. Trade Marks: manner of ownership of IP rights where more than one proprietor; use of contempt jurisdiction to resolve ownership disputes where the underlying order was made in a family court. Stable trade marks with common prefix – in specialised market; definition of typical consumer important. IT contracts: there is always one on the go; going to arbitration. Data: advising and containing breach; Information Commissioner decides not to progress matter because measures were taken swiftly; data subject not seriously compromised. Artists: exhibition agreement. Trade marks: one person ends up owning trade marks for another’s business. Procedure: client in real trouble in relation to trade mark and copyright infringement ; getting her out quickly.
Patents: construction and infringement, when is a stated feature not necessary? Various trade mark oppositions and appeals. Trade Marks: advising on manner and means of co-ownership (joint tenant vs tenant in common); deceased co-owner. Trade Marks: infringement – real issue: similarity of goods and ‘link’ in 5(3) cases. IT: breach of IT contract (running to 370 pages) entitlement to terminate; remedies post termination including copyright infringement injunction. Procedure: security for costs; indigent claimant & stifling. Procedure: mismatch between IPEC pleaded case and case on the evidence – relevance of Marflow. Trade mark opposition: scope and interference between specifications. Trade Mark appeal: to appeal to the Appointed Person (or not); issue being upon reserved words. AI: contracts concerning access to client’s patents by academic institutions. Trade Marks settlement: demarcation dispute relating to activities in education and training sectors.
Trade Marks: foreign infringement, UK actionability. Design Right, professional negligence: whether prior representatives acted properly; whether a professional of duty issue arising. Patent: infringement of enzyme patent – markush formulae – identifying infringement – selection of experts. Confidential information and unregistered design right: information concerning recycling and treating light hydrocarbons (cooking oil). Trade Marks: cross border infringement dispute; can we sue them here for what they have done there? High value IT contract concerning arbitrable dispute over breach and degree of cooperation necessary to resolve the matter.