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Nicholas Caddick KC
Nicholas Caddick KC
Barrister specialising in:(1) Intellectual property – copyright, designs, trade marks, breach of confidence; (2) Contractual disputes – particularly with regard to IT and media disputes; (3) Conflict of laws and jurisdiction;(4) Breach of fiduciary duty;(5) Insolvency – including director’s disqualification; (6) Property law – particularly mortgages, easements and construction disputes; (7) Trusts, probate and succession.  IP CASES INCLUDE:  TBD (Owen Holland) v Simons [2020] EWCA Civ 1182 - Court of Appeal and High Court; guidance relating to form and execution of search orders in a claim for infringement of copyright, breach of confidence and conspiracy. Pixdene v Paddington - pre-action disclosure in the context of claims for breach of a royalty distribution agreement. Studiocanal Films v Hanway Films High Court - infringement of copyright in the well-known film, Kind Hearts and Coronets. ESL Fuels v Fletcher - breach of contract and of confidence relating to formulae for fuels Time Out v Marketing Lounge - trade mark, passing off and breach of contract relating to use of the “Time Out” name Take-Two v James (2020) - infringement of copyright in creating mod menus for use with a well-known computer game Musion Events v Maass [2018] – arbitration; claims concerning ownership of patents and trade marks and claims for breach of contract and breach of fiduciary duty. Poul Chang Metal v Bailcast [2018] EWHC 3432 - international jurisdiction and stays in relation to a Community design claim. Stretchline v H&M Hermes & Mauritz UK Ltd [2017] EWCA Civ 199 – Court of Appeal and High Court (Henry Carr J at [2015] EWHC 3298) - action for breachof a settlement agreement by selling items falling within the claims of a patent. Hussain v. Hussain (2016-2017) – right to use the name “Nawaab” for restaurants. Fibrefab Ltd v. Aberlardus Ltd (2016 - ongoing) – High Court; interim injunction (Arnold J) in a claim for passing off, infringement of trade mark and breach of covenant. Stretchline v H&M[2015] EWCA Civ – Court of Appeal; striking out defence and counterclaim asserting invalidity of patent); A v B - (parties’ identities confidential) scope of trade mark rights under a licence agreement relating to a leading fashion and cosmetics houses; Joules v Brand Auth - IPR in the designs of clothes; Getronics v P&O Ferries - contractual dispute over a substantial IT contract; Hewlett Packard v K2 - interim relief in trade mark parallel importation case; Odeon Cinemas v Odeon Entertainment - trade mark dispute over the “Odeon” name; C Plc v P[2006] Ch 549 – search orders; privilege against self-incrimination; O Ltd v Z[2005] EWHC 238 – search orders; privilege against self-incrimination; Badfinger Music v Evans[2002] - EMLR 2 (fiduciaries; equitable remuneration); Attorney General v Times Newspapers[2001] - 1 WLR 885 (CA) (confidential information and newspapers).  CHANCERY CASES INCLUDE: Re Hayward – breach of contract and/or of trust. Robin Grossmith Racing v Steeplechase - test case as to the construction of the contractual licences granted to on-course bookmakers to operate on Jockey Club racecourses. Re Equity; entitlement to trust funds. A v B – royalties in respect of sales of photographs. C (airline) v D – advising an airline in regard to enforcement action by the Sheriff and a dispute concerning the televising of the event. Elmbid v Burgess[2013] EWHC 1489 - contractual dispute; notice to complete;  Fortune v Wiltshire Council[2013] 1 WLR 808 (CA) - highways;  Re Minrealm[2012] EWHC 343 - companies; valuation of shares; consent orders;  Official Receiver v Huck[2011] BPIR 702 - insolvency; cross border jurisdiction; Child Maintenance and Enforcement Commission v Beasley[2011] 1 WLR 1704 (CA) - nature of debt in an IVA;  Alkin v Raymond[2010] WTLR 1117 - replacement of executor/trustees;  Official Receiver v Mitterfellner[2009] BPIR 1075 - insolvency; cross border jurisdiction;  Secretary of State v Hollier[2006] BCC 11 - disqualification of directors; de facto directors;  Secretary of State v Feakins[2007] BCC 54 (CA) - transactions defrauding creditors; Re Huddersfield Fine Worsted[2005] BCC 915 (CA) - insolvency; priorities of debts in administration;  Re Timothy[2006] BPIR 329 - insolvency; IVAs;  Colin Dawson Windows v King’s Lynn and West Norfolk BC[2005] 2 P&CR 19 (CA) - adverse possession; Scottish Widows v Tripipatkul[2004] BCC 200 - liability of surety under lease;  P&S Platt v Crouch[2004] 1 P&CR 18 (CA) - easement of mooring;  Green v Lord Somerleyton[2004] 1 P&CR 33 (CA) - easement of drainage; nuisance; flooding; Re Marann Brookes[2003] BCC 239 - insolvency; cross border jurisdiction;  Malory Enterprises v Cheshire Homes[2002] Ch 216 (CA) - overriding interests in land, rectification of the register;  Tracs v Sampson[2001] EWCA Civ 1388 (CA) - appointment of receivers;  Hale v Norfolk County Council[2001] Ch 717 (CA) - highways.
Sam Carter
Sam Carter
Sam is a barrister specialising in all areas of intellectual property law, and has experience in cases concerning patents, copyright, design rights, trade marks, passing off, confidential information and competition law. He has appeared in the High Court, IPEC, UK IPO, EUIPO, and before the Appointed Person. Notable cases include: Weiss Technik UK Limited v SJJ System Services Limited (High Court) Clearswift Limited v Glasswall (IP) Limited (High Court) Choudhrie v Choudhrie (High Court). Please see profile at Hogarth Chambers website for further details.
Gillian Davies
Gillian Davies
Barrister specialising in international and European intellectual property law predominantly patents and copyright, with a special emphasis on the international conventions governing patent law and copyright and related rights. Member of Hogarth Chambers since 2005. Accredited mediator (England and Wales), WIPO mediator. Visiting Professor (2007-2016), Professor of EU and International Copyright Law (2016-2019), Hon Professor of EU and International Copyright Law, Centre for Commercial Law Studies, Queen Mary University of London  (2019 to date).
Gillian Davies. PHD
Gillian Davies. PHD
Barrister specialising in international and European intellectual property law predominantly patents and copyright, with a special emphasis on the international conventions governing patent law and copyright and related rights. Member of Hogarth Chambers since 2005. Accredited mediator (England and Wales), WIPO mediator. Visiting Professor (2007-2016), Professor of EU and International Copyright Law (2016-2019), Hon Professor of EU and International Copyright Law, Centre for Commercial Law Studies, Queen Mary University of London  (2019 to date).
Richard Davis KC
Richard Davis KC
Richard practises from Hogarth Chambers, a leading set of specialist IP trial counsel. He handles all aspects of IP, with particular emphasis on patents. This builds upon his unique background, first as an electrical engineer and later as a Chartered and European Patent Attorney. Richard’s patent practice encompasses a diverse range of technologies. He has particular expertise in the electronics / telecommunications sector having advised many of the major players in the field such as LG Electronics, Samsung, Nokia, Motorola and Symbian. He is also active in the pharmaceutical sector and is acting for the Secretary of State for Health in the ground breaking second medical indication litigation concerning pregabalin. Richard regularly teams with patent attorneys to represent SMEs in the Intellectual Property Enterprise Court. His dual qualification as a European Patent Attorney has resulted in him appearing frequently before the European Patent Office. Richard also advises regularly on the law of designs – both registered and unregistered – before a variety of tribunals in the UK and the Community. He is one of the very few counsel to have appeared before the General Court in a designs matter. Recently he had become involved in a number of professional negligence matters involving patent professions including being counsel in the Ballie v Broomhead Johnson litigation.
Janine Fishwick
Janine Fishwick
Barrister, Middle Temple.  Practices in all areas of intellectual property law and related commercial law, including contractual disputes concerning technical subject matter. Appears regularly in patent, trade mark, copyright, confidential information and contractual matters in the Court of Appeal, High Court and IPEC, and in registry proceedings in the UKIPO. Has all appeared as sole counsel in appeal proceedings in the General Court of the CJEU, and in arbitral proceedings. Recent cases include: Emson v Hozelock [2020] EWCA Civ 871 Glaxo Wellcome UK Limited (t/a Allen & Hanburys) v Glenmark Pharmaceuticals Europe M.I. Industries Inc. v EUIPO, Cases T-287 and T-288 ECLI:EU:T:2019:640 and Anthony Waithe v Dyson Technology Ltd [2019] EWHC 1114 (Ch).
Gwilym Harbottle
Gwilym Harbottle
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).
Michael Hicks
Michael Hicks
Barrister specialising in intellectual property, information technology and other disputes concerning technology. Fields of expertise include patents, designs, copyright, trademarks and passing off, domain names, confidential information, computer hardware, electronics and software disputes, and franchising and distribution matters with an intellectual property element. Patent cases include: Emson v Hozelock (CA – expandable hosepipes); Geofabrics v Fiberweb (railways); Pozzoli v BDMO (CA – obviousness); Swarovski v Leica (telescopic sights); Red Spider v Omega (oil well valves). Copyright cases include: Designers Guild v Russell Williams (fabric designs); SAS Institute v World Programming Ltd (computer software); Nova v Mazooma (CA –computer games); Blizzard v Bossland (cheats for computer games); Sprint Electric v Buyers Dream (ownership of source code) ; VLM v Ravensworth (licensing). Trade mark, passing off and advertising cases include: Jaguar Land Rover v Bombardier (Defender vehicle name); Phones4U Ltd v Phone4U (CA); Fine and Country v Spicerhaart (CA - estate agents); DataCard v Eagle (consumables for printers); Marks & Spencer v One in a Million (CA – domain names); Adobe v Netcom (community trademarks and estoppel); Inter Lotto v Camelot/National Lottery Commission (name of game); Niche v MacDermid (malicious falsehood oil industry products); Kingspan v Rockwool (comparative advertising). Designs cases include: Red Spider v Omega (oil well valves); Magmatic v PMS (Trunki suitcase); Shnuggle v Munchkin (baby baths).
Simon Malynicz KC
Simon Malynicz KC
Simon has an extensive IP practice, covering trade marks, passing off, copyright, IT/computer software, media/entertainment, collective/certification marks, PDOs and GIs, confidential information and designs. He also handles commercial cases with an intellectual property element. He appears regularly in the High Court, Court of Appeal, and General Court of the EU, as well appearing in or advising on proceedings before the UKIPO and EUIPO. Please note that Simon is a fully qualified member of the Bar of Ireland and is a member of the Law Library in Dublin. Thus, with full rights of audience before the Courts of an EU Member State, he continues to: accept instructions to represent parties before the General Court of the European Union in trade mark appeals from the EUIPO, where he has acted in over 100 such proceedings. advise clients on EU law and disputes with a pan-EU element advise clients and draft documents in proceedings before the EUIPO
Amanda Michaels
Amanda Michaels
Barrister specialising in intellectual property and media and entertainment law, dealing widely with trade marks, passing off, copyright, designs, confidential information etc. Wide experience of High Court trials and appeals, interim and contempt proceedings, and proceedings in the UKIPO, OHIM, CJEU and the Copyright Tribunal. Highly experienced in dealing with both disputes and drafting in the media and entertainment field. Frequently involved in IP cases involving problems of title. Recent cases include: Urbanbubble Ltd  v Urban Evolution Property Management Ltd [2022] ETMR 18 Trade mark infringement and passing off.  Manuka Honey [2021] BL O/898/21 & O/899/21 Certification trade mark application (appeal pending). Jones v Lydon [2021] EWHC 2321 and 2322 dispute over Sex Pistols recordings. Lyle & Scott Ltd v American Eagle Outfitters [2021] Breach of contract and passing off (jurisdiction ruling [2021] EWHC 90). Brandlogic v Bentley Motors [2020] [2020] EWCA Civ 1726 Trade mark infringement. Chanel’s Gabrielle [2020] BL O/256/20Trade mark appeal.
Jonathan Moss
Jonathan Moss
Specialist in advisory and litigation work in all aspects of intellectual property law, including patents, trade marks, passing off, designs (registered and unregistered), copyright and confidential information; software contract disputes; media and entertainment. Notable cases include: Cofemel (CJEU), AMS Neve v Heritage Audio (CJEU); Icescape Ltd v Ice-World International (High Court); Warner-Lambert v Actavis (Court of Appeal), Teva UK Limited v Boehringer Ingelheim Pharma, Magmatic v PMS International (Supreme Court), Lucasfilms v Ainsworth (Supreme Court); HTC v Apple (High Court); TBD (Owen Holland) v Obcon (Court of Appeal);.
Andrew Norris KC
Andrew Norris KC
Specialist in advisory and litigation work in all aspects of intellectual property law, including patents, trademarks, passing off, designs (registered and unregistered), copyright and confidential information; media and entertainment. Recently reported cases include: Robyn Rihanna Fenty v Arcadia (2015) EWCA; Jack Wills Limited v House of Fraser [2014] EWHC 110; Boxing Brands Ltd v Sports Direct International Pic and others [2014] EWHC 91; Robyn Rihanna Fenty v Arcadia Group Brands t/s Topshop [2013] EWHC 2310; Doosan Power Systems Ltd v Babcock International Group Pic [2013] EWHC 1364; [2013] ETMR 40; Football Assoc Premier League v QC Leisure [2012] EWHC 108; Convatec v Smith & Nephew and Ors [2011] EWHC 3461(Pat); Union of European Football Associations (UEFA) v Euroview Sport Ltd [2010] Eu LR 583; Aktieselskabet at 21 v TDK Corporation (C-197/07P) [2009] ETMR 36; Crocodile International Private Ltd v La Chemise Lacoste [2008] EWHC 2673 (Ch); Football Association Premier League Ltd v QC Leisure and others [2008] FSR 32 (C-403/08).
Jeremy Reed KC
Jeremy Reed KC
Barrister specialising in all areas of intellectual property law (patents, trade marks, copyright, designs, passing off, database rights and confidential informaton/trade secrets) and privacy law. Jeremy has particular experience of interception cases, having been heavily involved in the phone hacking litigation and other email interception claims. Jeremy acted for a number of high-profile individuals including Steve Coogan, Paul Gascoigne, Sol Campbell, Charlotte Church, Kerry Katona, Jade Goody, Sophie Anderton, Jimmy Nesbitt, Alastair Campbell, Kieron Fallon, Max Clifford, Gordon Taylor and George Galloway. Jeremy acted for Nicola Phillips before the Supreme Court on an issue concerning the privilege against self-incrimination. Other areas of expertise include: contractual disputes involving IP, IT, media, sport or technical issues; copyright tribunal references; media privacy cases; malicious falsehood/trade libel; restraint of trade disputes. Jeremy acted for the successful defendant in a 14-day IT trial concerning a software distribution and licence agreement – Softlanding Systems Inc v KDP Software Ltd [2010] EWHC 326 (TCC) and subsequent appeal [2010] EWCA Civ 1172. Reported privacy and confidential cases: Shobna Gulati and others v MGN Limited [2015] EWHC 1482 (Ch); Ecclestone v Khyami [2014] EWHC 29 (QB); Gulati and others v MGN [2013] EWHC 3392 (Ch); Various Claimants v News Group Newspapers [2013] EWHC 2119 (Ch); Phillips v Mulcaire [2013] 1 AC; [2013] FSR 12; [2012] EMLR 31; A v B&C (Flitcroft) [2003] QB 195; H v Associated Newspapers Ltd [2002] EMLR 425. Various Claimants v NGN (documents from court file) [2012] EWHC 397 (Ch); Coogan v NGN/Mulcaire [2012] EWCA Civ 48; [2011] EWHC 348 (Ch); Andrew v NGN [2011] EWHC 734 (Ch); Intellectual property case: Martin Lewis (Money Saving Expert) v CCL [2011] EWHC 1627 (Ch); Pocket Kings Ltd v Commonwealth of Kentucky [2009]EWHC 2529 (Ch); Score Draw v Finch [2007] FSR 20, [2007] Bus LR 864 [2007].
Tom St Quintin
Tom St Quintin
Barrister specialising in all areas of intellectual property and information technology, including patents, copyright, trademarks, passing off, registered and unregistered designs, broadcasting, media and entertainment, breach of confidence, and contractual disputes involving IP and IT. Cases in the past twelve months include: Collingwood Lighting v Aurora Lighting [2014] EWHC 228 (Pat); Abbott & Anor v Design & Display Ltd & Anor [2014] EWHC 2924 (IPEC) and [2014] EWHC 3234 (IPEC); Alfrank v Exclusive [2015] EWHC 1372 (IPEC); and Akhtar v Bhopal [2015] EWHC 154 (IPEC). Please see website entry at www.hogarthchambers.com for further details of recent cases.
Alexander Stewart
Alexander Stewart
Barrister specialising in all aspects of corporate insolvency, personal insolvency and company law, as well as banking, partnership, professional negligence and general chancery litigation (commercial, property and probate). Extensive experience in cases involving shareholders’ disputes, directors’ duties and disqualifications, asset recovery, guarantees, administrations, voluntary arrangements and bankruptcy litigation. Notable insolvency cases include Harrington v Benette [2000] BPIR 630, a seminal case on co-ownership of the bankrupt’s home, and Gotham v Doodes [2006] EWCA Civ 1090, Court of Appeal authority on the enforcement of a charge on a bankrupt’s home.
Guy Tritton
Guy Tritton
Barrister dealing with intellectual property, competition, media and entertainment, franchise, information technology and commercial cases. Cases include   View v EUIPO (T-49/19) (General Court, slogan trade marks) Cinkciarz v EUIPO (T-84-19) (General Court, Mastercard, trade mark, use of overlapping circles) Beverly Hills Teddy Bear v PMs [2019] EWHC 2419 (design right, reference to CJEU) Dansac and ors v Salts Healthcare and ors [2019] EWHC 104 (trade marks, parallel imports) Graffica v University of Birmingham (High Court, computer software) T-215/17 Apple v Pear Technologies (General Court, Feb 2019) T-104/17 Apple v APO (General Court, EU, April 2018) T-223/16 Apple v Massive Bionics (General Court, EU, July 2017) T-893/16 Apple v Xiaomi (General Court, Dec 2017) UPL v AgchemAccess [2017] EWHC 1880 (large scale commercial dispute, agrochemical) Epoch v Character Options [2017] EWHC 556 (patent infringement/validity, Patents  Court) Soulcycle v Matalan [2017] EWHC 496 (trade mark appeal, High Court) Future Enterprise v EUIPO (MACCOFFEE) (T-518/13, General Court) Dalsouple v Dalsouple [2014] EWHC 3963 -trade marks, invalidity proceedings, meaning of consent in art.4(5) Directive (High Court). Wearn v HNH [2014] EWHC 3542 - abuse of process, music industry, breach of contract (High Court). Pendle Metalwares  Walter Page ] EWHC 1140 - damages inquiry, design right infringement, additional damages (High Court). Volkswagen v Garcia [2014] FSR 12 - confidential information, freedom of expression, interim injunctions, mathematical algorithms (High Court). McNeil v OHIM (NICORETTE/NICORONO) -  General Court, EU. Brigade v Amber Valley [2013] EWPCC 16 - patent infringement and validity. Seven Arts v Content Media Corp plc [2013] EWHC 588 - copyright, films, issue estoppel, privity by estate, assignment (High Court). Oracle (Sun Microsystems) v M-Tech Data Ltd [2012] 1 W.L.R. 202 - parallel imports, free movement of goods, trade marks (Supreme Court). Pendle Metalwares v Walter Page Limited - design right and passing off, infringement, 29th July 2012 (judgment of Stuart Isaacs QC). Golden Eye v Telefonica [2013] E.M.L.R. 1 - High Court, application for Norwich Pharmacal.
Kendal Watkinson
Kendal Watkinson
Kendal joined Chambers in September 2022 following the successful completion of her pupillage. She was supervised by Jonathan Moss, Gwilym Harbottle and Thomas St Quintin. During pupillage, Kendal gained experience in copyright and design, trade marks and passing off, confidential information, media and entertainment, patents, and IT. During her second six, Kendal was instructed on various matters in her own right. She is now developing a broad IP practice in line with Chambers' profile. Kendal graduated from the University of Oxford with a distinction on the BCL. During her time at Oxford, she specialised in IP and Computer Science. She also has a first class law degree from Queen Mary University of London, where she received various awards including the Roger Crane Medal for outstanding academic performance. During her undergraduate studies, she spent a year on exchange at the University of Hong Kong. Kendal received a full scholarship from Lincoln's Inn for the Bar course and was also a residential scholar of the Inn. Prior to starting pupillage, Kendal spent some time working in the Copyright and Enforcement Directorate at the IPO. As part of the Digital Technologies Team, her work was focused on the interaction between Artificial Intelligence and IP law.
Alastair Wilson KC
Alastair Wilson KC
Barrister specialising in all aspects of intellectual property, IT and commercial disputes with a technical aspect, and privacy. Also occasional advice on gaming matters as a result of involvement in Express Newspapers v Liverpool Evening Post. Cases include: TDY Industries & Kennametal v Pramet Tools; MMI v CellXion (defendant’s appeal on obviousness succeeds in CA); MTM v Jones & Morris (confidential information action in the Isle of Man, relating to tax scheme); NMT v Wilmshurst (defamation action raising serious medical/technical issues); A v B & C (Flitcroft) (Court of Appeal) [2003] QB 195; Designer’s Guild v Russell Williams [2001] 1 All ER 700 (House of Lords); Sabaf v Meneghetti [2004] UKHL 45, [2005] RPC 10 (House of Lords); British Leyland v Armstrong [1986] AC 577 (House of Lords); Douglas v Hello!; Saint-Gobain v Fusion Provida and Electrosteel [2005] EWCA (Civ) 177 (Court of Appeal); Lucasfilm Ltd & ors v Ainsworth & anor (Supreme Court); Phillips v MGN – claim to privilege against self-incrimination rejected; Vestergaard Frandsen v Besthet [2014] EWMC 3139 (ch).
Alastair Wilson
Alastair Wilson
Barrister specialising in all aspects of intellectual property, IT and commercial disputes with a technical aspect, and privacy. Also occasional advice on gaming matters as a result of involvement in Express Newspapers v Liverpool Evening Post. Cases include: TDY Industries & Kennametal v Pramet Tools; MMI v CellXion (defendant’s appeal on obviousness succeeds in CA); MTM v Jones & Morris (confidential information action in the Isle of Man, relating to tax scheme); NMT v Wilmshurst (defamation action raising serious medical/technical issues); A v B & C (Flitcroft) (Court of Appeal) [2003] QB 195; Designer’s Guild v Russell Williams [2001] 1 All ER 700 (House of Lords); Sabaf v Meneghetti [2004] UKHL 45, [2005] RPC 10 (House of Lords); British Leyland v Armstrong [1986] AC 577 (House of Lords); Douglas v Hello!; Saint-Gobain v Fusion Provida and Electrosteel [2005] EWCA (Civ) 177 (Court of Appeal); Lucasfilm Ltd & ors v Ainsworth & anor (Supreme Court); Phillips v MGN – claim to privilege against self-incrimination rejected; Vestergaard Frandsen v Besthet [2014] EWMC 3139 (ch).
Roger Wyand KC
Roger Wyand KC
Barrister specialising in: patents including the whole range of technology from pharmaceutical (BMS v Baker Norton [1999] RPC 253 and [2001] CA RPC 1 second medical use, method of treatment of human body) SKB’s Patent CA [2003] RPC 49; Actavis v Janssen [2008] EWHC 1422; Actavis v Novartis [2009] EWHC Ch 41 and [2010] EWCA Civ 82; genetic engineering MedImmune v Novartis [2012] EWCA Civ 1234; medical devices (Corevalve v Edwards [2008] EWHC; Edwards v Cook [2009] EWHC 1304 and [2010] EWCA Civ 718); to mechanical (Kavanagh v Cameron PCC [2004] RPC 5 prior use, standard of proof; QualChem v Corus [2008] EWPCC 1, [2008] EWCA Civ 177); Broadband Systems Management ASSIA v BT, [2013] EWHC 3768 (Pat), [2014] EWHC (Pat) 4194, [2014] EWCA Civ 1462, EWCA Civ 1513; Agilent v Waters [2002] EWCA Civ 612, [2004] EWHC 2992 and [2005] EWCA Civ 987; patents entitlement proceedings (Ladney and Hendry’s International Application [1998] CA RPC 319 inventorship; added matter Curt G Joa Inc v Fameccanica Data SpA [2018] EWCA Civ 1786; Meter-Tech Llc & Anor. v British Gas Trading Ltd [2016] EWHC 2278 (Pat) ; meaning of rehearing on appeal); trade marks in Registry High Court and CJEU (formerly ECJ) (Philips v Remington [1999] CA RPC 809 validity of shape registration, referred to ECJ [2003] RPC 2), (Scandecor Development v Scandecor Marketing HoL [2002] FSR 122 passing off, validity of registration under 1994 Act referred to ECJ), (Philips v Remington No 2 [1999] ETMR 835 res judicata and issue estoppel); trade marks, parallel importation (Sony v Tesco [2000] ETMR 102 repackaging); admissibility of further evidence on appeal Consolidated Developments v Mr A A Cooper (Tin Pan Alley TM) [2018] EWHC 1727 (Ch); Property Renaissance Ltd T/A Titanic Spa v Stanley Dock Hotel Ltd T/A Titanic Hotel Liverpool and Ors. [2016] EWHC 3103 (Ch);  limitation on defences under the CTR; Marussia Communications Ireland Ltd v Manor Grand Prix Racing Ltd & Anor. [2016] EWHC 809 (CH)trade marks, distinctiveness under the 1994 Act, Eastenders v Fullers CA [2003] FSR 44; Arsenal v Reed CA [2003] RPC 39; L’Oréal v Bellure [2006] EWHC Ch 2355, [2007] EWCA Civ 968 CA referred to ECJ and [2010] EWCA Civ 535; Reef Trade Mark CA [2003] RPC 5; has taken an appeal from OHIM to the Court of First Instance; use of trade mark by competitor in Google AdWords (Interflora v Marks & Spencer, referred to the CJEU [2011]); Lloyds & Halifax v Shanley [2014] EWCA Civ 407 (copyright licence); computer program copyright and confidential information (Cantor Fitzgerald v Tradition [2000] RPC 95 meaning of substantial part in computer program copyright); copyright in technical drawings (Biotrading v Biohit [1998] CA FSR 109 originality, substantial part, European defence, exclusive distributor); registered designs (Oren v Red Box [1999] FSR 785 right of exclusive licensee, infringement where two configurations shown); copying established by cross-examination  ATB Sales Limited v Rich Energy Limited [2019] EWHC 1207 (IPEC) unregistered design rights (Ultraframe v Fielding [2003] RPC 23 must fit, must match, subsistence, ownership); principles of assessment of damages (Blayney v Clogau CA [2003] FSR 19 copyright damages); patent damages (Ultraframe v Eurocell [2006] EWHC 1344; Agilent v Waters (settled during trial)); costs awards under the CPR (West v Fuller [2004] CA FSR 32 and Kavanagh v Cameron [2004] CA FSR 33); CTM validity (Compass Publishing BV v Compass Logistics Ltd [2004] RPC 41); shared goodwill in passing off (Sir Robert McAlpine Ltd v Alfred McAlpine Plc [2004] RPC 36); protectability of Vodka Diageo v ICB [2010] EWHC 17 and [2010] EWCA Civ 920; extended protection for trade marks with a reputation Daimler v Sany [2009] EWHC 2581; unregistered design right (Lambretta v Teddy Smith [2005] CA RPC 6); Community Registered Design rights (Procter and Gamble v Reckitt Benckiser [2006] EWHC 3154 and [2007] EWCA Civ 936); Internet Blocking 20th Century Fox v BT [2011] EWHC 1981 (Ch); ] Jack Willis v House of Fraser [2014] EWCH 110 (Ch); Mair v ASOS [2015] EWCA Civ 220; BBC v Sports Direct [2013] EWHC 2200 (Ch), [2013] EWHC 2784 (Ch), [2014] EWHC 91 (Ch). He has mediated in several large IP disputes and commercial licence actions.  
Nick Zweck
Nick Zweck
Barrister, Middle Temple.  Practices in all areas of intellectual property law and related commercial law, including contractual disputes concerning technical subject matter. Appears regularly in patent, trade mark, copyright, confidential information and contractual matters in the Court of Appeal, High Court and IPEC, and in registry proceedings in the UKIPO. Has all appeared as sole counsel in appeal proceedings in the General Court of the CJEU, and in arbitral proceedings. Recent cases include: Emson v Hozelock [2020] EWCA Civ 871 Glaxo Wellcome UK Limited (t/a Allen & Hanburys) v Glenmark Pharmaceuticals Europe M.I. Industries Inc. v EUIPO, Cases T-287 and T-288 ECLI:EU:T:2019:640 and Anthony Waithe v Dyson Technology Ltd [2019] EWHC 1114 (Ch).