Intellectual property News

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

14th March 2022

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...

Mark Wilden successfully represents Devon jeweller in intellectual property dispute

22nd February 2022

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. ...

3PB Commercial team recruits Jakob Reckhenrich and Mark Wilden

12th January 2022

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'...

Nicole Bollard issues update on new Trade Mark Regulations 2021

10th December 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...

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

30th July 2021

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...

Nicole Bollard considers the limits and exceptions to issue estoppel

15th July 2021

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...

Victoria Jones represents British Gymnastics before the Court of Appeal

25th March 2021

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...

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...

3PB specialist intellectual property (IP) barrister Victoria Jones has successfully represented British Gymnastics in its action against UK Gymnastics. Following a 2 day hearing in March, on Friday 26 June 2020, HHJ Melissa Clarke sitting as an Enterprise Judge in the IPEC, handed down a 66 page judgment finding in British Gymnastics’ favour on every count of registered trade mark infringement and passing off. A copy of the judgment can be found here. Specialist IP barrister...

In Zenith Logistics Services (UK) Ltd and others v Coury [2020] EWHC 774 (QB), 3PB’s Victoria Jones appeared before the Queens Bench Division in a successful appeal against a Master’s refusal  to approve a Tomlin Order on the basis that the Schedule attached to the Order was contrary to the principles of open justice because its terms were confidential to the parties. Victoria Jones was instructed by Lucy Nash of Royds Withy King. To read the full article please click here.

3PB Barristers are delighted to host CITMA's first Midlands lecture of the year at our Birmingham Chambers. Programme Outline Recent trade mark decisions are beginning to impact the future of trade mark applications: 3PB IP Barrister Victoria Jones will share her insights and forecasts, outlining what we can now register as a trade mark, and the specifications applied to marks. Victoria will also review the CJEU reference in Sky v SkyKick, where the telecoms giant claimed...

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. Click here to read Nicole's analysis - This article was first published by Lexis®PSL on 14/05/2019 Click here to view Nicole’s...