What I have been doing recently

As of late June 2024

I will update this once or twice a quarter.

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. Copyright in a database and database rights: large financial information provider; provision of bespoke information products and derivative information and speciality processing; who owns what? Patents in lateral flow technologies; joint ventures and unclear exploitation agreement, again, who owns what? Trade mark litigation: issue as to infringement in the face of a non-using trade mark owner, extent of goodwill in a passing off case and repute in a trade mark case; question of whether it is infringement to be a motor specialist.

Ex-employee dispute – active litigation: extent of damage in damage part of passing off cause of action and issue of whether information actually confidential. Copyright: copyright in computer software, issue of extent of ownership and subsistence. Patents: mechanicals, Comptroller’s opinion. Data: another data breach. Trade Marks: opposition, virtually identical goods, to what extent does the interdependence principle apply?