In his blog post, entitled “The place of Intellectual Property law in collaboration and the benefit of early, free advice for musicians", Mark draws on his experience as both a professional musician and as a legal practitioner. The piece discusses how a basic knowledge of intellectual property law can help a musician understand how it may impact them throughout their career and how it can impact the collaborative nature of the music industry.
Clerk Details
- Clerk Name: David Fielder
- Clerk Telephone: 020 7583 8055
- Clerk Email: [email protected]
Overview
Mark Wilden is a commercial barrister specialising in intellectual property and media and entertainment.
Mark came to 3PB in 2022 after training at 8 New Square, and has developed a practice focusing on copyright, trade marks, contractual issues, confidential information, defamation, economic torts and related issues. He acts in the High Court (Chancery and Kings Bench Divisions), IPEC, the UK Intellectual Property Office, the County Court, the Court of Appeal (Civil Division) and the Competition Appeal Tribunal. He gives regular talks for the Chartered Institute of Trade Mark Attorneys and writes on intellectual property issues. He also offers monthly pro bono advice clinics for BIPC Bristol and has spoken about musicians’ rights issues, including for BBC radio.
Before coming to the bar Mark was a project manager and registered PRINCE2 practitioner and a trained audio recording engineer and producer. He performed and recorded extensively with live bands between 2002 and 2016, worked in house at Oxford University Press between 2008 and 2014, and is a composer / performing member of PRS For Music and PPL respectively. These experiences of the workings of the creative industries inform Mark’s approach to case strategy, including in cases involving large media organisations, litigants in person and organisations in between.
Mark is an authoritative and persuasive advocate with a practical approach to advice, pleading and litigation strategy.
Expertise
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Intellectual property Add this expertise to your shortlist Mark Wilden accepts instructions in all areas of Intellectual Property.
Examples of recent work include:
JJH Enterprises Limited (trading as ValueLicensing) v Microsoft Corporation and others (CAT / EWCA): For claimant in trial of preliminary issues on exhaustion of copyright in second-hand software licences (led by Matthew Lavy KC, with Henry Edwards): [2025] CAT 75; [2025] WLR(D) 582; [2026] Bus. L.R. 161. For respondent in subsequent appeal on both the substantive issues and on the jurisdiction of the CAT to hear copyright causes of action (led by Matthew Lavy KC on jurisdiction and Michael Hicks on copyright), heard by the Court of Appeal in April 2026.
Makeality v City Doggo (IPEC / EWCA): For defendant in TM infringement / passing off claim over the name ‘Piddle Patch’ for dog toilets. Successfully applied to re-allocate the claim to IPEC small claims track, upheld on appeal (sole counsel at first instance; led by Nicholas Saunders KC for appeal): [2025] EWCA Civ 400; [2025] Costs LR 543; [2026] F.S.R. 2.
Phoenix Music International v Cadiz Music and Digital (ChD): For claimant in claim for infringement of copyright in compilation CDs, including by copying of track lists, artwork and remastered audio recordings.
Husk Design and others v Cross Keys Homes and others (ChD): For fourth defendant in claim for infringement of copyright in architectural drawings.
Reed v Clapperboard Studios and Saffron Cherry Productions (IPEC): For defendants in successful strike-out of copyright infringement claim concerning location scouting materials for television drama series, in which the claim was certified as totally without merit.
Brice v Universal Music Publishing Limited (IPEC): For claimant in claim for a declaration of ownership of copyright in a commercially successful musical work.
Basilotta v Jack Hill Culture Company (IPEC): For defendant in successful strike-out of copyright infringement claim concerning clothing designs.
Zone 8 Media v Rodriguez (IPEC): For defendant in copyright claim for alleged piracy of internet pornography.
Re. ORIGIN FROM PASTURE TO PLATE NOSE TO TAIL (IPO): For successful respondent in appeal to the Appointed Person concerning late-filed defence: decision O-0312-26
Re. MONSTER (IPO): For Ducati Motor Holding, opposing a trade mark application for the word ‘MONSTER’ for virtual goods: decision O-0329-25.
Re. CARCHAMBER (IPO): For Cheyne Motors in successful opposition to application for the word ‘CARCHAMBER: decision O-0002-25
Re. WINDRUSH (IPO): For the Department of Levelling Up, Housing and Communities opposing five trade mark registrations for ‘WINDRUSH’ and related terms: decision O-0051-24.
Re. EONX (IPO): For trade mark applicant in opposition by E.ON based on three prior marks: decision O-1155-23.
Advisory work including:
- Threats of infringement proceedings by use of Amazon IPR take-down procedures.
- Performers’ rights of choristers in church services broadcast online.
- Alleged infringement of IP rights by sale of signed books with purportedly faked signatures.
- Design right infringement by copying of fashion designs.
- Copyright infringement issues including unlicensed use of photographs and music online.
- Trade mark infringement by unlicensed resale of own-brand products.
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Commercial Add this expertise to your shortlist Mark Wilden accepts instructions on commercial disputes, especially in cases involving the entertainment industries, intellectual property rights and technology-related issues.
Examples of recent work include:
Titan Wealth Services Ltd and others v Tavistock Investment Plc and others (KBD / EWCA): For defendant / counterclaimant in counterclaim for breach of confidence and copyright infringement in financial services (led by Anneliese Day KC, with Philip Ahlquist and Wee-An Tan): [2025] EWHC 3381 (Comm), [2026] EWCA Civ 500.
Future Sound Asia v The 1975 (ChD): For defendant rock band in £2M claim for negligence and procuring breach of contract in music festival performance. Successfully applied to strike out the claim against the individual band members (led by Edmund Cullen KC): [2025] EWHC 384 (Ch)
Bryan v Pressplay Media and Entertainment Ltd (ChD): For claimant media producer in claim for non-payment of royalties for exploitation of videos with 475M+ views.
Aslanyan v FremantleMedia (KBD): For defendant TV producer in successful strike-out of £43M claim brought by unsuccesful contestant of the show Britain’s Got Talent.
Ammo International Productions v CBB Entertainment (County Court): For defendant concert promoter in contractual claim over non-payment for professional services.
SS1 Productions v Star Concerts (County Court): For defendant concert promoter in successful summary judgment and strike-out application regarding alleged breach of joint venture agreement.
Discovery Park Management v MRI Software EMEA (County Court): For claimant in contractual claim over non-delivery of software services.
Crayon v Total Group International (County Court): For claimant in successful trial regarding cloud computing services.
Advisory work including:
- Termination of long-standing arrangement for publication of political cartoons by broadsheet newspaper.
- Unauthorised marketing use of photographs of social media creator by make-up brand.
- Renegotiation of contractual relationship for production of reality television show on major online platforms.
- Liability for interception of data by ‘data sniffing’.
- Domain name disputes and use of the Nominet Domain Dispute Resolution Service.
- Music-related issues including licensing, sampling, royalties and the nature and scope of related rights
- Defamation claims, considering defences including truth, honest opinion and lack of serious harm.
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Articles -
The place of Intellectual Property law in collaboration and the benefit of early, free advice for musicians
29th Sep 2025View Article -
ThoughtLeaders4 Disputes Magazine
21st Jul 2025View ArticleMark Wilden is featured in TL4’s popular “60-Seconds With” segment, which offers readers an insight into experts in the field with quick-fire questions on their thoughts around and beyond their work. In his interview, published on page 49, Mark speaks to a range of topics including career anecdotes, recommendations, and advice, as well as personal goals and aspirations.
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Copyright Protection in the online world
19th Feb 2024View ArticleRead Mark Wilden's article about navigating copyright in the world of ever evolving technology for Counsel magazine.
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Rebalancing the scale: fighting back against meritless IP takedown complaints
3rd Jul 2023View Article3PB's specialist intellectual property barrister Mark Wilden has written for The Barrister on fighting against unjustified intellectual property takedown complaints in online platforms such as Amazon, eBay and YouTube.
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Timelines and Translations: Copyright Protection of Historical Research in Pasternak v Prescott [2022] EWHC 2695 (Ch)
11th Nov 2022View ArticleMark Wilden discusses the case of Pasternak v Prescott [2022] EWHC 2695 (Ch) and explores how the case illustrates the intricacies of copyright protection of historical research.
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“Massive overdisclosure” ordered in departure from business & property courts disclosure regime
28th Oct 2022View ArticleMark Wilden on “Massive overdisclosure” ordered in departure from business & property courts disclosure regime in Genius Sports Technologies Ltd v Soft Construct (Malta).
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Can’t stop the music: Record company could be obliged to continue digital distribution of music in royalty dispute
10th Mar 2022View ArticleHebden v Domino Recording Company Ltd [2022] EWHC 74 (IPEC)
Specialist intellectual barrister Mark Wilden has recently critiqued the key new case of Hebden v Domino Recording Company Ltd [2022] EWHC 74 (IPEC), which concerns royalties for music streaming and downloads and could have a significant effect on the UK music industry.
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UK High Court can continue to grant EUwide injunctions in EU trade mark cases that were pending at the end of the Brexit implementation period
14th Jan 2022View ArticleEasygroup v Beauty Perfectionists [2021] EWHC 3385 (Ch)
3PB’s specialist intellectual property Third Six pupil barrister Mark Wilden analyses the decision of the High Court in Easygroup v Beauty Perfectionists [2021] EWHC 3385 (Ch).
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Recommendations Mark Wilden of 3PB Barristers boasts a burgeoning reputation for intellectual property work. He draws on prior experience in the music and publishing industries to guide clients through complex litigation.
"I am delighted to have discovered Mark Wilden. He has been a total star. He is commercial, pragmatic and able to get his point across in a very measured and client-friendly way."
"Mark has made himself available at unsociable hours to get the job done. His written work is detailed, accurate and persuasive, and he’s strong and tenacious on his feet."
"Mark is very focused, responsive and has great experience."
Chambers UK 2026/Intellectual Property/London Bar/Up and comingMark Wilden is ranked a Leading Junior for Media and entertainment/London Bar in the Legal 500 2026
Strengths: "He was able to deliver his advice in a way which was understood by the clients in terms of both the legality and also the commercial approach to take."
"Mark Wilden's calm reassurance and friendly manner are exactly what clients need to hear and gives them the confidence to fight their corner."
Chambers UK 2025/Intellectual Property/The Regions/Up and coming“New session with IP barrister Mark Wilden. Very different perspective on a wide range of IP matters to previous session with IP attorneys, both very interesting, informative and helpful. Strongly recommended. Thanks to BIPC and Mark.” - BIPC Bristol IP advice clinic client
“I’m so thankful for the support, kindness and professionalism I received from day one. I couldn't think of a better team to have by my side.” - Lay client in IPEC claim
“We used Mark for some advice on grey goods for [High Street retailer]. He was very responsive, very knowledgeable and technically excellent. I particularly admired the pre-con call to discuss the format and what he was going to say. We have used him several times since on a range of IP and IT matters and are very impressed.” - Laura Trapnell, Head of IP and IT, Paris Smith Solicitors
“Mark dealt with a breach of restrictive covenants and database issue in a clear concise manner enabling the client to grasp complex legal arguments very quickly and provided very thorough advice in conference. Mark’s dealing with the client and follow-up with me were very impressive.“ - Instructing Solicitor
“Mark is one to watch and has a bright future ahead of him at the bar. He is very responsive, easy to work with and has a very high technical ability. I would not hesitate in either instructing or recommending Mark in the future.” - Alex Jeffery, Partner, Head of Litigation, Bright Solicitors
Related News
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Members of 3PB’s intellectual property team are appearing in Court of Appeal today in a number of cases. Nicole Bollard is representing the defendants, instructed by Loney Stewart Holland, in a dispute with The Northern Block Limited. The claimant says the company continued using her typeface work without paying her after their agreement ended in 2022. A 2023 court decision recognised her rights, and in 2024 she brought new claims for unpaid royalties and breach...
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3PB Barristers’ Intellectual Property team is set to host a series of lectures across the country with The Chartered Institute of Trade Mark Attorneys (CITMA). 3PB’s specialist IP barristers Victoria Jones, Nicole Bollard, Faizul Azman and Mark Wilden will join together to discuss topics of importance to trade mark practitioners, including analysing the implications of recent decisions in trademark law, explore the updated UK IPO procedures, and the tactical deployment of infringement remedies. The first session in this roadshow will take...
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3PB’s specialist intellectual property barrister Mark Wilden acted for the successful claimant, JJH Enterprises (trading as ValueLicensing), in a claim before the Competition Appeal Tribunal (CAT) in a case involving the legality of selling pre-owned Microsoft Office and Windows software. In a judgement handed down yesterday as [2025] CAT 75 the tribunal found for the claimant on all substantive issues. The hearing resolved the key question of whether Microsoft's Windows and Office fall outside the...
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3PB’s Intellectual Property team welcomes 2 new rankings in the latest editions of Chambers and Partners and the Legal 500. While head of team Victoria Jones, Nicole Bollard and Faizul Azman retained their rankings in the Legal 500 published on 1 October, Mark Wilden gained his first accolade for his specialist Media and Entertainment work. The team maintains a strong profile in the Chambers and Partners edition published today with our four barristers now ranked for Intellectual...
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