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Charles Russell Speechlys LLP

5 FLEET PLACE, LONDON, EC4M 7RD, ENGLAND
Tel:
Work 020 7203 5000
Fax:
Fax 020 7203 0200
DX:
19 LONDON CHANCERY LANE WC2
Email:
Web:
www.charlesrussellspeechlys.com
Cheltenham, Doha, Dubai, Geneva, Guildford, Hong Kong and 5 more

Mary Bagnall

Tel:
Work 020 7203 5081
Email:
Charles Russell Speechlys LLP

Work Department

Intellectual Property, Retail & Leisure, Sport

Position

Mary specialises in the protection and enforcement of intellectual property rights, including trade marks, copyright and designs. She has extensive experience in conducting trade mark infringement and passing off proceedings, copyright and design actions, trade mark registry proceedings in the UK and OHIM, and appeals to the UK courts and the Court of Justice of the EU, and in disputes involving confidential information and database rights. She also represents clients in Internet and domain name disputes including in ICANN, Nominet and Czech Arbitration Court proceedings and infringements on Internet auction sites, and in relation to advertising issues including complaints to the ASA, and issues involving comparative advertising and product denigration.

Mary assists a wide range of clients from the largest international brand owners to SMEs across diverse industries including fashion, retail, food and drink, sports, leisure, entertainment, technology and chemicals. She has particular expertise in the protection and enforcement of so-called non traditional trade marks, having being involved in a number of colour, shape and get up cases including the successful enforcement of the colour green for BP, in its landmark decision in Northern Ireland, the protection and enforcement of Lindt's Gold Bunny product in the UK, and most recently for Cadbury in its long running dispute with Nestle over the protection of Cadbury Purple in the Court of Appeal. Mary is currently involved in several complex multi jurisdictional trade mark disputes, including for high profile brand owners in the communications, manufacturing, and sports industries.

She is an active member of the Institute of Trade Mark Attorneys and the International Trademark Association, and speaks regularly on brand issues, notably at events for the luxury brands industry. Mary is listed as an expert in Trademarks by Who's Who Legal 2014.

Mary is admitted to practise in England and Wales.

Experience highlights:

  • Advising on the protection of non-traditional trade marks including single colours, combinations of colours, shapes, and packaging get up, including for Cadbury in its long running dispute with Nestle over the protection of Cadbury Purple
  • Advising a global sports brand in relation to pan European trade mark disputes
  • Advising on and implementing brand clearance, protection and enforcement strategies for a number of household brands, SMEs, and family businesses
  • Conducting multiple trade mark opposition, revocation and cancellation proceedings in the UK and OHIM for a specialist communications business
  • Defending trade mark infringement proceedings for a household name in the leisure industry

Member

Institute of Trade Mark Attorneys; International Trademark Association.


London: TMT (technology, media and telecoms)

Brand management

Within: Leading individuals

Mary Bagnall - Charles Russell Speechlys LLP

Within: Brand management

Charles Russell Speechlys LLP acts for a diverse range of brand owners in the  media, sports, retail, and food and drink industries; Nike, wagamama and World Rowing are among its active clients. The arrival of Nick White and his team from Couchmans LLP has significantly bolstered the brand management practice, particularly in the sports and leisure arena, with further expertise in licensing and franchising, e-commerce, broadcasting and marketing. Mary Bagnall leads on the soft IP side and is particularly noted for her extensive experience in the protection and enforcement of trade marks and design rights; she is continuing to act for Cadbury in attempting to trade mark its iconic purple packaging against opposition from Nestle. Kate O'Rouke moved to Mewburn Ellis LLP.

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Intellectual property

Within: Intellectual property

Charles Russell Speechlys LLP's department is singled out for its brand management and disputes expertise, which spans soft IP matters including trade marks, copyrights, designs and internet and advertising issues. Practice head Mary Bagnall has developed notable expertise in the protection and enforcement of non-traditional trade marks including colour or shape marks; she is advising Cadbury on its efforts to protect 'Cadbury purple' as a registered trade mark. Other names to note include Nick White, who excels in the sports, food and beverage, and retail sectors, and Jennifer Pierce, who focuses on technology and brand issues. Trade mark expert Kate O’Rourke left to Mewburn Ellis LLP.

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