Hogarth Chambers

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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.
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.
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
Jonathan Moss KC

Jonathan Moss KC

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

Jeremy Reed

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.
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.
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).