• Mark Wilden

      Mark Wilden writes for COUNSEL magazine on online copyright protection

      3PB Barristers' (3 Paper Buildings) specialist intellectual property barrister Mark Wilden (pictured here) has written for COUNSEL magazine on the application of copyright law to digital assets. By calling on recent cases including Wright v BTC Core, THJ Systems v Sheridan and Getty Images v Stability AI, Mark discusses what is traditionally required of a work to be protectable by copyright and how these guidelines become harder to define when works are ‘created’ by computer rather...

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      3PB guest speakers at Chartered Institute of Trade Mark Attorneys (CITMA) Midlands lecture

      Three of 3PB's team of intellectual property barristers, including team group head Victoria Jones, will be sharing practical tips on pleadings at the UKIPO and discussing recent case law at CITMA's first Midlands lecture of the year, held at 3PB’s offices in Birmingham on 27 February. Registration is at 5pm with the talks lasting an hour from 530pm until 630pm, and will be followed by a free drinks reception. The lectures will be see Victoria...

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    • Mark Wilden Jan 2022 1 scaled

      Mark Wilden writes for The Barrister on fighting back against meritless IP takedown complaints

      3PB Barristers’ (3 Paper Buildings) specialist intellectual property barrister Mark Wilden (pictured here) has written for The Barrister on fighting against unjustified intellectual property takedown complaints in online platforms such as Amazon, eBay and YouTube. In his piece, “Rebalancing the scale: fighting back against meritless IP takedown complaints”, Mark explores three recent cases in which baseless complaints about alleged patent and copyright infringement have resulted in loss of income to individual sellers/content creators. Because sites such...

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    • Mark Wilden Jan 2022 1 scaled

      Timelines And Translations: Copyright Protection Of Historical Research in Pasternak v Prescott [2022] EWHC 2695 (Ch)

      3PB’s Mark 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. The case, which saw Anna Pasternak bring copyright infringement proceedings against Lara Prescott for the use of her research (published in 2016) in Prescott’s fictionalised book, “The Secrets We Kept”, published in 2019. Mark recounts the key aspects of the case, which was split into a “selection...

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    • Mark Wilden

      “Massive overdisclosure” ordered in departure from business & property courts disclosure regime

      3PB intellectual property barrister Mark Wilden analyses Genius Sports Technologies Ltd v Soft Construct (Malta) Ltd [2022] EWHC 2637 (Ch). In the case, which took place earlier this month, the judge – Mr Justice Marcus Smith – departed from the Business & Property Courts disclosure regime, instead ordering the adoption of “massive overdisclosure”. Mark examines the judgment and how rather than burdening litigants and causing “eyeball review”, technology means that “this judgment gives something of...

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    • Mark Wilden

      IP specialist Mark Wilden becomes a tenant at 3PB Barristers

      Mark Wilden becomes a tenant at 3PB Barristers (3 Paper Buildings). He specialises in Intellectual Property, having worked on high profile IP matters for clients including Apple, BBC, Ferrari, Google, Microsoft, Next, Peloton and Tesco. He also worked for a year with Carpmaels & Ransford LLP as a legal assistant on a range of matters including pharmaceutical patents in Fibrogen v Akebia [2020] EWHC 866 (Pat), protection of design rights in consumable parts of complex...

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    • Mark Wilden

      Former music producer, now-barrister Mark Wilden advises on music royalty dispute

      3PB specialist intellectual barrister Mark Wilden, pictured here, 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. In the case, recording artist Kieran Hebden (Four Tet) brought a claim against his former record company, Domino, about royalties for streaming and downloads under a 2001 contract. Hebden claimed...

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    • Mark Wilden

      Mark Wilden successfully represents Devon jeweller in intellectual property dispute

      3PB specialist intellectual property barrister Mark Wilden (pictured here) represented Devon-based Jo James (trading as Jo James Jewellery) in her successful claim for passing off against competitor Amanda Mitchell (aka Amanda Nimmo), who operates the business “Borabeads”. Mitchell had entered into a consultancy agreement with James in February 2018 and left to set up her own business in September 2018, keeping the same social media accounts but changing their branding to her new “Borabeads” brand. ...

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    • Mark Wilden

      UK High Court can continue to grant EU-wide injunctions in EU trade mark cases pending at the end of the Brexit implementation period

      3PB’s specialist intellectual property Third Six pupil barrister Mark Wilden (pictured here) analyses the decision of the High Court in Easygroup v Beauty Perfectionists [2021] EWHC 3385 (Ch). In this case, the defendant, Beauty Perfectionists contended that their use of the name ‘easyCOSMETICS’ did not infringe Easygroup’s EUTM as the defendant never carried out any business activity in the UK, focusing instead on the German and Austrian markets: the UK Court had no activity to...

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    • CCG Announce

      3PB Commercial team recruits Jakob Reckhenrich and Mark Wilden

      Two new commercial litigation team barristers have joined 3PB. Commercial litigation barrister Jakob Reckhenrich (pictured right) joins the set after moving across from Monckton Chambers where he had done his 12-month pupillage before working as a judicial assistant in the Commercial Court, assisting Mrs Justice Cockerill, Mr Justice Butcher and Mr Justice Jacobs. Becoming a tenant of chambers upon the conclusion of his third six pupillage at 3PB, Jakob joins the 47-strong commercial litigation barristers'...

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