• Victoria Jones1

    Victoria Jones talks about 'own name', 'intervening rights', and 'non-use' defences

    Specialist Intellectual Property barrister Victoria Jones has given a talk for White Paper Conferences called "How potent are the "own name," "intervening rights", and "non-use" defences for alleged infringers, supported by case law and practical examples?” The talk is available to buy up until 1 September and carries five CPD points. A discount is available for 3PB clients and contacts via this link. Please find a clip from the talk here:    

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  • Victoria Jones

    Victoria Jones successfully defends ‘Funtime Freddy’ and ‘Funtime Foxy’ in the IPEC 

    On Wednesday 27 April 2022, judgment was handed down by Deputy High Court Judge Amanda Michaels, in the case of Luen Fat Metal and Plastic Manufactory Co Ltd v Funko UK, Ltd [2022] EWHC 951 (IPEC), in which the Claimant had brought claims against the Defendant for infringement of its ‘Funtime’ trade mark as a result of the Defendant’s use of the names ‘Funtime Freddy’ and ‘Funtime Foxy’ on its products. After narrowing the specification...

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    Victoria Jones successful in defeating an opposition against ‘CATL NBattery’

    Victoria Jones recently represented Contemporary Amperex Technology Co. Limited in its successful defence to opposition proceedings brought against its application to register the mark ‘CATL NBattery’ brought by Caterpillar Inc. relying on its well-known ‘CAT’ marks. After having found the marks in question to be visually and aurally similar to a low degree and conceptually dissimilar, the Hearing Officer found that there was no likelihood of confusion between the marks and for the purposes of...

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    Victoria Jones in successful in 'Rainbow Rangers' decision

    3PB’s specialist IP barrister Victoria Jones is successful in an appeal before the Appointed Person. Victoria recently represented Genius Brands International, Inc in an appeal against a decision by a hearing officer of the UKIPO refusing to register its ‘RAINBOW RANGERS’ mark as a result of an opposition brought by The Guide Association. In her decision, the Appointed Person, Emma Himsworth QC found that the hearing officer had erred in finding that there was a...

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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 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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  • 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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    Nicole Bollard issues update on new Trade Mark Regulations 2021

    3PB’s specialist intellectual property barrister, Nicole Bollard (pictured here) has issued an update on the newly published Trade Marks and International Trade Marks (Amendment) (EU Exit) Regulations 2021, a must-read for all UK-based intellectual property specialists. On 26 November 2021, these new regulations came into force, amending the transition provisions in the earlier EU transitional legislation. The new regulations are intended to prevent the potential unfairness which currently exists, following the UK’s departure from the EU, whereby EU...

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  • Nicole Bollard

    Nicole Bollard on the clarification of the test for the tort of causing loss by unlawful means

    Intellectual Property and Commercial law barrister Nicole Bollard reviews Secretary of State for Health and another v Servier Laboratories Ltd and others [2021] UKSC 24 and the Supreme Court’s recent decision concerning the economic tort of causing loss by unlawful means. The court examined in particular whether a necessary element of the tort of causing loss by unlawful means is that the unlawful means affected the third party’s freedom to deal with the claimant, which...

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  • Nicole Bollard

    Nicole Bollard considers the limits and exceptions to issue estoppel

    Intellectual Property and Commercial law barrister Nicole Bollard analyses the judgment in Thomas v Luv One Luv All Promotions Ltd and another [2021] 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. In that case, the Court of Appeal allowed an appeal against the Intellectual Property Enterprise Court's (IPEC) decision to partially strike out a defence to a...

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  • Victoria Jones

    Victoria Jones represents British Gymnastics before the Court of Appeal

    3PB's specialist intellectual property barrister Victoria Jones (pictured here) represented British Gymnastics before the Court of Appeal. The appeal was brought by UK Gymnastics against the judgement of IPEC Judge HHJ Clarke handed down on 26 June 2020 in which she found UK Gymnastics to be liable for acts of passing off and trade mark infringement. On 24 March 2021, the Court of Appeal handed down its decision with Lord Justice Arnold upholding the findings...

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  • 3PB launches dedicated Covid-19 resources hub

    3PB Barristers have created a dedicated webpage on its website to act as a hub for the many articles, briefings and webinar and podcast recordings about lockdown laws and regulations as well as practical issues like court attendance, e-bundles, remote and hybrid hearings. The Coronavirus (COVID-19) pandemic continues to create employment, contractual and other legal challenges which are in many ways unprecedented. The impact of the virus is being felt, and in response, 3PB have...

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