Gwilym Harbottle > Chambers of Nicholas Caddick KC > London, England > Barrister Profile
Hogarth Chambers Offices
Hogarth Chambers
5 NEW SQUARE, LINCOLN'S INN
LONDON
WC2A 3RJ
England
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Gwilym Harbottle
Position
Specialist in intellectual property (excluding patents) and media and entertainment. Cases of note include BMW v Premier Alloy Wheels (UK) Ltd [2020] EWHC 2094 (Pat) (trade marks and registered designs case involving replica wheels); Response Clothing Ltd v Edinburgh Woollen Mill Ltd [2020] FSR 25 (copyright in fashion designs in the light of the CJEU’s decision in Cofemel) and [2020] EWHC 721 (IPEC) (whether VAT recoverable on IPEC cost sin addition to the £50,000 cap); PPL v Ellis [2018] EWCA Civ 2812 (CA decision on financial remedies for copyright infringement including additional damages); BMW v Technosport London Ltd [2017] EWCA Civ 779 (CA decision on use of trade marks by car repairers); Oran Pre-Cast Ltd v Oranmore Precast Ltd [2016] EWHC 1846 (IPEC)(trade marks and release of joint tortfeasors by agreement with one of them); Hook v Sumner [2015] EWHC 3820(Ch) (derivative action in dispute between members of New Order – permission granted but case settled); Henderson v All Around the World [2013] FSR 42 and [2014] EWHC 3087 (IPEC) (performers’ rights: what amounts to consent and what financial remedies are available); Orion Publishing v Novel [2012] EWHC 1951 (Ch) (audit clause in publishing agreement).
Career
Called 1987, Lincoln’s Inn; publications: joint editor, ‘Copinger on Copyright’ (18th ed forthcoming); several articles for specialist journals on IP matters.
Memberships
Intellectual Property Bar Association; BLACA; Chancery Bar Association.
Education
The Leys School, Cambridge; Wadham College, Oxford (1985 BA Hons); the City University (1986 Dip Law); Inns of Court School of Law (1987 Bar Finals).
Leisure
Literature, art, fell walking.
Lawyer Rankings
London Bar > Intellectual property
(Leading Juniors)Ranked: Tier 2London Bar > Media and entertainment
(Leading Juniors)Ranked: Tier 1Considered to be ‘clearly excellent’ in media and entertainment law, the barristers of Hogarth Chambers frequently instructed in film and music cases for an array of clients, from management through to artists, often in cases with an intellectual property angle. Andrew Norris KC successfully acted for the BBC in Molavi v Gilbert case, defending the broadcaster and one of the writers of long-running drama Silent Witness against claims that two episodes of the show broadcast in 2019 were plagiarised. Gwilym Harbottle represented the claimant in Entertainment One UK Ltd v SConnect Media LLC, a dispute between the creators of Peppa Pig and a Vietnamese children’s cartoon named Wolfoo, which is alleged to have breached copyrights relating to the British show. In Evans v John Lewis PLC and DDB UK Limited case, Michael Hicks successfully argued that the ‘Excitable Edgar’ character in the retailer’s 2019 Christmas advert had not infringed copyright from a children’s book written by the claimant.