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Browne Jacobson LLP

15TH FLOOR, 6 BEVIS MARKS, LONDON, EC3A 7BA, ENGLAND
Tel:
Work 020 7337 1000
Fax:
Fax 020 7929 1724
DX:
142420 LIME STREET-6
Email:
Web:
www.brownejacobson.com

Declan Cushley

Tel:
Work 020 7337 1042
Email:
Web:
www.brownejacobson.com
Browne Jacobson LLP

Work Department

Business services.

Position

Partner, Declan, is head of the firm’s national IP practice. Based in London, he also spends time in the Birmingham and Nottingham offices. He has specialised in IP, in particular brands, for over 20 years, teaching the subject at degree level before moving to private practice.

In 2016, World Trademark Review 1000 identified Declan as a Leading Trademark Professional in the UK and described him as “‘great at implementing the client’s ideas and is always willing to have eye-to-eye informal chats to brainstorm pending matters”. In 2015 he was also a leading individual in Chambers and Partners which noted that he “is praised by several clients for ‘giving good, straightforward, practical advice without sitting on the fence.’ His ‘deep knowledge of the law in his area’ is valuably coupled with a flair for ‘balancing technical legal issues with commercial realities’.

In 2016 Declan was one of 50 lawyers in the UK to be ranked in the Who’s Who of Trademarks, amongst some of the most established firms and practice heads. Declan was also recommended in the Legal 500 2016 and praised for his “in-depth knowledge of trademarks and copyright”.

Prior to joining Browne Jacobson, Declan was European IP Counsel for Molson Coors and has therefore seen life from both sides of the fence. As a result, clients value his commercial insight and advice on strategic brands issues.

National and international brands such as PZ Cussons, Mace and Lloyds Banking Group regularly rely on his guidance in relation to their global brand portfolios. He acts as the relationship partner for a large number of the firm’s key brands clients, including Lloyds, Mace, Bestseller (Vero Moda and Jack Jones in the UK) and Camelot.

Career

Trained Freeth Cartwright; qualified 1996; associate Wragge & Co 1998-2004; European IP counsel Molson Coors 2004-05; intellectual property partner Browne Jacobson LLP 2005. Publications of note: ‘EIPR’;’Trademarks World’ (Dec 2005, May 2006, Sept 2007, 2008, 2009, 2010).

Member

Institute of Trade Mark Attorneys (ITMA); International Trade Mark Association (ITMA); Intellectual Property Lawyers Organisation (TIPLO).

Education

St Mary’s Convent Grammar, Magherafelt, Co Derry; Lancaster University (1992 LLB Hons); Bristol University (1992 LLM).

Leisure

Travel, reading, watching his children play sport, keeping fit.


East Midlands: TMT (technology, media and telecoms)

Intellectual property

Within: Intellectual property

The ‘pragmatic’ and ‘responsive’ team at Browne Jacobson LLP  excels in both transactional and advisory work, assisting not only with the development of portfolio protection strategies and rights enforcement through litigation, but also with agreements aimed at developing new technologies and the monetisation of intellectual property rights. The group’s expertise comprises trade mark, patents, design and copyright matters, with clients coming mainly from the retail and technology sectors. The Nottingham-based Selina Hinchliffe heads the practice together with London-based practitioner Declan Cushley. Other key figures in Nottingham include Paula Dumbill  and ‘incredibly personable’ solicitor Sam Lloyd . Recent highlights include advising Albumedix on several supply, licensing, and research and development agreements in relation to Albumedix’ patent rights. Additionally, the team advised the Institute of Gas Engineers and Managers on the terms and conditions for the development of new intellectual property rights and the licensing of copyright material within its standards. Other clients include The Bollin Group, Lloyds and Boots. Mark Snelgrove joined Potter Clarkson LLP  .

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London: Private client

Art and cultural property

Within: Art and cultural property

Alex Watt  at Browne Jacobson LLP  has extensive experience of advising both artists on the protection of their intellectual property as well as advising galleries on their relationships with artists. Watt has particular expertise in advising artists, galleries and other institutions on ‘street art’ or ‘urban art’ and acts for a large number of urban artists and well known writers such as CEPT and SHOK-1. The team acts as the sole counsel for the world-renowned street artist Ben Eine (also known as EINE). Declan Cushley  is the key partner for the National Trust. It has variously advised the National Trust on matters such as intellectual property issues regarding the Trust’s major heritage sites through to the terms and conditions for the hire of National Trust properties as wedding venues.

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London: TMT (technology, media and telecoms)

Brand management

Within: Brand management

Browne Jacobson LLP  is singled out for its ‘good industry knowledge and excellent experience’. Declan Cushley acts as  national head of IP and is praised as a ‘a first-class litigator' who is ‘sensible, proactive and highly responsive’. Recent work includea assisting the Mace Group and Marston’s with the management of their global IP portfolios. IP litigator Cerryg Jones  recently advised Comic Enterprise on a trade mark and passing-off dispute with Twentieth Century Fox, and Slimming World in an infringement claim against Aldi. ‘Technical expert’ Alex Watt   defended PZ Cussons against a list of claims by a competitor. Bonita Trimmer is ‘very strong on detail’ and alongside Mark Daniels continues to act for the London Taxi Corporation in relation to an ongoing dispute to trademark the shape of the London black cab. Associate Giles Parsons offers a ‘strategic advice and a commercial approach’. Selina Hinchcliffe  joined the Nottingham office from Eversheds Sutherland (International) LLP  .

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IT and telecoms

Within: IT and telecoms

Browne Jacobson LLP is frequently instructed in large IT projects, with particular experience advising clients in the financial services, health, insurance and public sectors. 'IT contracts expert' Anthony Nagle continues to lead a team advising the Crown Prosecution Service on IT projects including procurement, integration, alignment and management of applications support and hosting services. The team also acted for Manchester Underwriting Management  on the procurement of a new IT System. Declan Cushley heads up the practice which is instructed by TopCashBack, Thorntons Plc and Itelligence Business Solutions (UK). Selina Hinchcliffe joined the firm's Nottingham office from Eversheds Sutherland (International) LLP.

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Intellectual property

Within: Intellectual property

Browne Jacobson LLP 's intellectual property team combines 'extremely fast response times, good industry knowledge, excellent experience and a high level of commercial acumen'. The team acted for London EV Company in a dispute relating to the enforcement of 3D trade marks. The 'clever, sensible and proactiveDeclan Cushley heads up the practice and focuses primarily on non-contentious and strategic brands issues.Kathleen Fox Murphy heads up the groups patent litigation team and led advice to Ericsson on confidentiality and patent aspects relating to the high profile FRAND claims made by Huawei and Samsung in the High Court.  Other key names to note include 'technical expert' Alex Watt and 'hard-working and enthusiastic' associate Giles Parsons.

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Media and entertainment (including media finance)

Within: Media and entertainment (including media finance)

Browne Jacobson LLP delivers ‘clear and commercial advice’ in the marketing and advertising sector and is noted for its IP expertise. It acts for well-known luxury brands, global products groups, advertising and social media agencies, in addition to and new media and fintech clients. It advised PZ Cussons Beauty on a regulatory complaint to the ASA; advised Triumph Motorcycles on a sponsorship deal with the Moto2 Grand Prix motorcycle race; and advised Adam Produces on a contract for the design, creation and production of an AR and VR promotional cube. Declan Cushley heads the IP and commercial group and Alex Watt leads the advertising and marketing practice.

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West Midlands: TMT (technology, media and telecoms)

Intellectual property

Within: Intellectual property

Browne Jacobson LLP works across all aspects of IP on both contentious and non-contentious matters, and has ‘good industry knowledge’, ‘excellent experience‘ and 'a high level of commercial acumen’. Declan Cushley heads the national IP practice and regularly advises Marston’s on oppositions and infringements.  Patent litigation expert Mark Daniels represented the London Taxi Corporation on a dispute against Frazer-Nash Research and Ecotive over alleged infringement of the shape of the client’s taxi cabs. He also advised Roger Bullivant on a patent licensing dispute. Cerryg Jones specialises in trade mark disputes and advised Comic Enterprises on its dispute with Twentieth Century Fox over infringement relating to the former’s comedy venue ‘The Glee Club’ and the latter’s TV shoe ‘Glee’. Consultant Peter Ellis is also a notable name, with significant strengths in contentious matters.

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