Specialist intellectual property barrister, Nicole Bollard has issued an update on the Trade Marks and International Trade Marks (Amendment) (EU Exit) Regulations 2021, a must-read for all UK-based intellectual property specialists.
Nicole’s Intellectual Property practice includes copyright, trade marks, passing off, designs and confidential information. Examples of Nicole’s recent work includes the following:
- Achieving a favourable settlement in a claim for infringement of a sports kit design
- Advising in a trade mark dispute concerning an international magazine
- Advising in relation to the copying of music lyrics
- Drafting pleadings in a design case in connection with a toy
- She also has experience of advising and acting in matters concerning domain names and database rights.
- In August 2017 Nicole attended the Cambridge University Intellectual Property Law Summer School. Hosted by well-known senior IP lawyers the one week course included lectures and various practical exercises including an application for injunctive relief.
Nicole completed her pupillage under the supervision of IP specialist Victoria Jones, and continues to work closely with counsel in a broad range of intellectual property matters including copyright, trade marks and passing off.
Recent IP cases
- Alyssa Smith Jewellery Limited v Alisa Goodstone t/a Alyssa Jewellery Design  EWHC 1482 (IPEC). Claim for passing off relating to jewellery brands.
- Scott Hallsworth v Kurobuta Limited - KUROBUTA (O/359/19). Successfully opposed appeal to the Appointed Person.
- DPA (London) Limited v Andrea D’Aguanno, Gretel Muller and MUDA Architecture Ltd  EWHC 2374. Claim for copyright infringement and breach of contract.
- Muckle Brig Limited v Gleann Mor Spirits Company Limited - LEITH GLASS WORKS (O/244/20). Successfully opposed appeal to the Appointed Person.
- Grundfos Holdings A/S v Abcot UK Limited and another (IP-2019-000187). Ongoing dispute concerning trade mark infringement and passing off relating to the sale of parallel imports.
- Lease Comparison Limited v Carparison Limited (IP-2019-000052) - IPEC claim for passing off.
- Visual Foods Limited v New Harvest Wholesale Limited and another (IP-2019-000182) – IPEC claim concerning trade mark infringement.
- Examples of copyright cases: alleged copying of a crime fiction novel; use of rap lyrics by another artist; and ownership of architects’ plans and models.
- Examples of trade mark cases: skin care brands; international magazine; Chinese martial arts; coffee shop branding.
- Examples of design right cases: sports kit; safety harness; domestic utility cupboard; lunch box.
- Examples of patent cases: construction device involved in the manufacture of roads; construction tool involved in building walls.
- Kirk Silo Installations Limited v Mansfield Garage Doors Limited (0/676/19) and(0/012/20) – successfully obtained an order for the change of the Respondent’s company name.
IP Update: The Trade Marks and International Trade Marks (Amendment) (EU Exit) Regulations 202110th Dec 2021
The clarification of the test for the tort of causing loss by unlawful means20th Jul 2021
Intellectual Property and Commercial law barrister Nicole Bollard reviews Secretary of State for Health and another v Servier Laboratories Ltd and others  UKSC 24 and the Supreme Court’s recent decision concerning the economic tort of causing loss by unlawful means.
The limits and exceptions to issue estoppel15th Jul 2021
Nicole Bollard analyses the judgment in Thomas v Luv One Luv All Promotions Ltd and another  EWCA Civ 732, in which the Court of Appeal considered the scope of issue estoppel and when the courts can disapply it due to special circumstances.
Nicole’s article was first published in Thomson Reuters’ Practical Law Dispute Resolution blog on 9 July.
Trade marks and the drinks industry3rd Nov 2020
Trade marks and the drinks industry
Nicole Bollard reviews a selection of recent trade mark decisions concerning the drinks industry, including:
- Sazerac Brands LLC and others v Liverpool Gin Distillery Limited and others  EWHC 2424
- Les Grands Chais de France SAS v Consorzio di Tutela Della Denominazione di Origine Controllata Prosecco
- Gleann Mor Spirits Company Limited v Muckle Brig Limited (O/366/20).
Copyright, database rights, breach of confidence and conspiracy in relation to horseracing data (The Racing Partnership Limited and others v Done Brothers (Cash Betting) Limited)16th May 2019
Nicole Bollard analyses The Racing Partnership Ltd and others v Done Brothers (Cash Betting) Ltd), a case involving a broad range of claims including conspiracy, copyright, database rights and breach of confidence, which will be of interest beyond those working in the horseracing arena, to those working industries which produce and disseminate data to third parties. "This article was first published by Lexis®PSL on 14/05/2019"
Nicole Bollard is increasingly recognised for her broad expertise in a range of contentious IP matters. She frequently assists a broad array of clients in trade mark and passing-off disputes and offers experience acting before the IPEC.
Strengths: "She's really collaborative, available and personable." "She is very forthright, her advocacy is brilliant and she is very good with clients."
Recent work: Represented Abcot UK Limited against a claim for trade mark infringement and passing off in relation to the sale of boiler pumps in the IPEC.
Chambers UK 2022/Intellectual Property/The Regions Bar
Strengths: "She is very clear-thinking and user-friendly. Her clarity of thought and ability to take a viewpoint on things are very helpful." "She is well prepared, thorough and persuasive." "She is personable and strategic and delivers on timing and content."
Recent work: Acted in Visual Foods v New Harvest Wholesale and Another, an IPEC trade mark infringement and passing-off case relating to the packaging for raw chicken.
Chambers UK 2021/Intellectual Property/The Regions Bar
‘She is an extremely strong advocate. She is commercially minded, very personable, and sensible yet robust when it is called for.’
Legal 500 2022/Intellectual Property/Leading Juniors/London Bar
‘Nicole has the ability to build strong and personable relationships with clients from the outset, and provides excellent and concise advice.’
Legal 500 2021/Intellectual Property/Leading Juniors/London
“You did a fantastic job and we got a great result. You had clearly spent a lot of time preparing and considering the various issues. Your cross-examination was spot on. You were calm yet tenacious, overall a fantastic job and I am very grateful.”
“Nicole really has been a huge support in our case and I was very pleased and grateful to have her on board. She has been accessible, practical and thorough. It has not been the most straightforward matter but knowing I could rely on Nicole has made it much easier for me to assume conduct of this case.”
Chambers and Partners rankings
- Leading Junior 2022
Legal 500 rankings
- Leading Junior 2022
- BA Hons. English, University of Oxford
- GDL, City Law School
- BPTC, City Law School
- IP Bar Association
- Chancery Bar Association
- Technology & Construction Bar Association (TECBAR)
Nicole Bollard is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.More Information