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Head of the firm’s contentious intellectual property group; specialises in all forms of intellectual property litigation, including patents, designs, trade marks, passing off and branding, copyright, confidential information actions, and domain name disputes; represents clients across a range of industries, including fashion, packaging, computer games, medical technology, novelty toys and products, agriculture, household and garden products, and retail. He also acts, or has acted for, a number of patent and trade mark attorneys in defending claims of professional negligence. He has represented clients in substantial intellectual property cases both here and in Australia, including multinational litigation involving dual proceedings in the UK and US; represented defendants in the ‘One in a Million’ domain name litigation.
Trained Robyn Croydon, Adelaide; qualified 1982; various positions, Adelaide and London 1983-1990; assistant, Pettman Smith, London 1990-95; assistant, Wilde Sapte, London 1995-97; partner, Finers Stephens Innocent 1997-2000; special counsel, Minter Ellison, Melbourne 2001-02; partner, Hewitsons 2002 to date. Publications include: ‘Passing off and Image Marketing in the UK’ (with Margaret Lewis, EIPR vol 4 issue 8, 1992); ‘Summary judgment in UK Copyright Cases: LA Gear v Hi-Tech Sports’ (EIPR vol 14 issue 11); ‘Disclosure requirements in UK litigation – the Ziff case’ (EIPR vol 15 issue 9); ‘The New UK Trade Marks Bill’ (EIPR vol 16 issue 3); ‘The One in a Million case – Opinion’ (Entertainment Law Review vol 11, 1998); ‘Threats Actions in UK Trade Mark Cases’ (Managing Intellectual Property, September 1999); ‘“Clarity Lost” The Arsenal and Reed case’ (Trademark World, February 2003); author (with Simon Portman of Hewitsons) of ‘Intellectual Property: The Lifeblood of Your Company’ (Chandos Publishing I, 2006). Authors the chapter on Infringement in the Community Trade Marks Handbook published by Sweet & Maxwell. Regularly writes and speaks on all aspects of intellectual property law, particularly litigation.
Kings College, Adelaide; University of Adelaide (1981 LLB); University of London (1994 LLM).
Family, music, swimming, reading, golf, wine.
East Anglia : Dispute resolution
Commercial litigation: Cambridge
Within: Commercial litigation: Cambridge
Simon Biggin’s team at Hewitsons is ‘fantastic, accurate and insightful’. It advises VKR Holdings and Velux. Lucinda Brown (‘gives clients enormous confidence’), Robert McLellan, Mark Elmslie and Lorna Carter are all recommended.
East Anglia : TMT (Technology, Media and Telecoms)
Within: Intellectual property
Hewitsons is ‘absolutely dependable and has a deep knowledge of IP matters’. The ‘calm, thoughtful, and first-rate’ Mark Elmslie leads ‘the best IP litigation team in Cambridge’. Advice from Bill Thatcher, who advises Microsoft, is ‘well reasoned and carefully considered’.