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Practice areas:

Intellectual Property Disputes

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Clients and work in this area include:

  • Advising a software provider in a claim against its licensee for breach of a licence agreement for software used in the telecoms sector.
  • Advising a toy manufacturer on copyright issues relating to a typeface.
  • Successfully represented the Newspaper Licensing Agency (NLA) in precedent-setting High Court and Court of Appeal copyright decisions. Our client's core business involves the operation of licensing schemes. Earlier this year they launched two new licences which allows media monitoring organisations to obtain licences allowing them to copy cuttings from newspapers and distribute them to their clients. We advised the NLA on the extent to which copyright is infringed by scraping content from third party websites, making that content available to others for searching against, distributing parts of articles to third parties, and using such materials for commercial purposes. The Court agreed with us that copyright can subsist in a headline. The decision also means that a company who pays for an online media monitoring service requires a licence from the newspapers or NLA to click on a link to an article on the newspaper's website or to receive text extracts from an article.
  • Acting for a hotel company in claims for infringement of its trade marks in the UK and Italy.
  • Acting for a provider of security systems in a claim against a competitor for issuing misleading advertising material.
  • Advising a large hotel chain regarding a worldwide dispute over use and registration of their trade mark.
  • Together with our preferred firm in Brazil, we advised in relation to an alleged infringement by an online gaming operator of FIFA's rights in relation to certain marks and emblems for the 2014 World Cup tournament in Brazil.
  • Advising a client in the leisure industry in connection with claims by a competitor of passing off in relation to the branding of an event run by an independent promoter at its premises.
  • Acting for a recycling company in a dispute over competing exclusive IP licences granted to it and third parties by its Licensor. The underlying IP relates to technology used to convert waste to clean power.
  • Advising a retailer of hair accessories relating to an alleged product design infringement.
  • We are advising a leading newspaper in a claim brought against an IT supplier where the supplier has missed contractual milestones for delivery.

Get in touch

Simon Clark

Simon Clark

BLP
Partner, Head of Intellectual Property
Ian De Freitas

Ian De Freitas

BLP
Partner, Intellectual Property

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