Tim has been instructed in IPR cases before the Chancery Division of the High Court, the Intellectual Property and Enterprise Court (IPEC), as well as representing clients before the UK Trade Mark Office, the EUIPO and CJEU, as well as the European Patent Office. Tim also lectured in IP law on Cambridge University’s Masters in Bioscience Enterprise MPhil course for 5 years between 2003 and 2007.
Recent and Reported Cases
Trade Marks
Grenade (UK) Ltd v Grenade Energy Ltd & Anr [2016] EWHC 877 (IPEC) – represented the Defendants at the Claimant’s application for summary judgment for passing off & trade mark infringement
“ISLAM CHANNEL” – acted for the applicant in respect of the UK Trade Mark Office’s refusal, under s.3(1)(b) and (c) of the TM Act, to grant a trade mark for Islam Channel (UK 00003119213 – (2016))
Sun Mark Ltd and Bulldog Energy Drink Ltd v Red Bull GmbH – (Case C-206/15 P: 2015) -represented the applicants in their application for permission to appeal to the CJEU in circumstances where the applicants had not taken part in proceedings before the General Court in respect of trade mark Opposition proceedings that has be resisted to that point in time by OHIM.
“PHYSIO SOLUTIONS / PHYSIOTHERAPY SOLUTIONS” – acted for the Opponent in its Opposition to the registration of “Physiotherapy Solutions”- OP 401540 – and the counterclaim for revocation – CA 500535 (2015)
“SAVE AN ORPHAN” (UK Trade Mark Opposition No.: 2628031 (2013)) – represented the Opponent in opposition proceedings in respect of the Save an Orphan trade mark.
Weight Watchers Ltd & Others v Love Bites & Others [2012] EWPCC 11, [2012] E.T.M.R. 27: represented the Defendants in respect of allegations of trade mark infringement where the PCC (now the IPEC) exercised its power to give a preliminary non-binding judgment in a trade mark case for the first time.
Sun Mark v Red Bull – 2011 – instructed by Sun Mark on three related cases in involving Sun Marks’ trade mark disputes with Red Bull GmBH. (a) judicial review proceedings brought against the UKIPO and Red Bull as an interested party alleging that the UKIPO had improperly granted trade marks to Red Bull that had been applied for in bad faith bad faith (led by Aidan Robertson QC) (b) Drafting amended grounds of appeal and appeal skeleton in respect of the ruling of Arnold J. in Claim No. HC10 CO173 finding Sun Mark had infringed certain Red Bull trade marks (led by John Baldwin QC) and (c) trade mark office proceedings for the revocation of two Red Bull trade marks (No. 790389 & 824548) – all three claims were eventually compromised.
Shafi and Others t/a Chiswick Cars v. Khan and Others t/a New Chiswick Cars 2007 H.C. – claim for passing off in respect of minicab services the Defendants settled immediately prior to the hearing.
Database Rights
Executive Grapevine International Limited v Wall & Others [2012] EWHC 4152 (Ch); – Chancery Division of the High Court before Norris J.: represented the Claimant in its claim for infringement of database rights by an ex-employee who had stolen copies of the company’s marketing databases and sold them via e-Bay.
Data Protection
Raminder Ranger v House of Lords Appointments Commission [2015] EWHC 45 (QB); [2015] 1 WLR 4324 – representing Dr Ranger in his Part 8 claim against HOLAC for access under the Data Protection Act for access to letters held by the Commission that allegedly contained information pertaining to his application for membership of the House of Lords.
Patents
European Patent Office
Opposition to EP 1 021 120 B1 by HOOVER Ltd. (GB). – Acting for the opponent in oral opposition proceedings at the EPO in Munich.
Opposition to EP 1 161 405 by BIAGRO Inc. / Opposition to EP 743931 by MANDOPS (UK) Ltd. – joined cases heard before the EPO.
Design Rights / Registered Designs and Copyrights
Hyams v Cooling (High Court Chancery Division – Claim No.: HC CO2434 in 2009) – advising the Claimant in respect of settling injunctive proceedings arising out of claims over the copyrights in certain works and photographs.
Acoustic Building Supplies Ltd. v. Durabella Acoustics 2006 – advising the Defendant on design right infringement proceedings in respect of sound proof floor tiles.
Red Girl Records v. Richard Murdoch advising Defendant on possible infringement issues in respect of distribution and sale of “free” promotional records.