Commercial IP

Examples of work - Protection 

MEDIA COMPANY (NAME CONFIDENTIAL)

Our client is the largest national and regional commercial news publisher in the UK. At Foot Anstey we manage their international trade mark portfolio consisting of approximately 500 national and international trade marks and provide advice on its branding and trade mark filing strategy. In addition, we undertake numerous trade mark availability searches and handle trade mark oppositions and enforcement work for them around the world.

TOY MANUFACTURER (INTERPLAY)

We advise a prominent toy retailer in relation to its worldwide trade mark portfolio and regularly file trade marks on its behalf and provide strategic advice on where to file its brands. This is in addition to the enforcement work we undertake for them including taking action against look a like products and counterfeit products.

ENTERTAINMENT PARK (EDEN PROJECT)

We manage Eden's international trade mark portfolio and have helped them develop an IP strategy to ensure that they are taking effective action to protect their brand and focusing resources on the key areas.

SHIPPING TRACKING COMPANY (NAME CONFIDENTIAL)

Our client asked us to carry out a full audit of its intellectual property rights and review the relevant contracts relating to the creation of IPR within the business. As part of this project, we identified gaps within its trade mark portfolio and risks associated with the lack of satisfactory IPR provisions within its contracts. So, together with the business, we put together a strategy to address these deficiencies in a structured and cost effective manner.

MANUFACTURER OF LIFTING EQUIPMENT (NAME CONFIDENTIAL)

Following a corporate transaction, we were instructed to record an assignment of IP against around 100 different registered rights around the world including patents, designs and trade marks. This involved working with our international partner firms to ensure that all the rights are recorded in the most efficient way.

LEADING AUTOMOTIVE PARTS DISTRIBUTOR (NAMED CONFIDENTIAL)

Advising a leading automotive parts supplier on its branding strategy including the management of its international trade mark portfolio and dealing with trade mark oppositions against infringing marks around the world.


Examples of work - Enforcement 

TELEVISION PRODUCER (SKY)

Assistance in the battle against online illegal streamers of Sky's content via the internet, through social media platforms and through fee paying IPTV services and illicit streaming devices (e.g. 'Kodi' boxes). We took successful legal action against Sky customers whose subscription accounts have been identified through digital watermarking technology as being the source of illegal streams of Sky Sports broadcasts. One case is reported here: https://www.independent.co.uk/life-style/gadgets-and-tech/news/sky-customer-joshua-vs-klitschko-fight-fine-online-streaming-piracy-boxing-match-craig-foster-a8147866.html.

LEADING GLOBAL DRINKS MANUFACTURER (NAME CONFIDENTIAL)

Assisting a well-known international drinks producer to enforce its intellectual property rights in the UK through infringement actions and trade mark oppositions. Such actions relate to the mis-use of its brand and tackling the sale of counterfeit goods and merchandise.

LARGE BETTING COMPANY (NAME CONFIDENTIAL)

Represented a betting company who had sponsored a premiership football team in relation to an alleged infringement of a third party's trade mark rights on the football shirt. The dispute was successful resolved pre-action.

NATIONWIDE TRAINING PROVIDER (NUCO TRAINING LIMITED) 

In a complex case which involved several Court hearings, we have successfully defended a nationwide training provider in an application brought by a leading provider of Mental Health First Aid training courses in the High Court for an interim injunction to restrain our client from providing training courses under that description. In addition, we made a successful application to transfer the proceedings from the High Court to the Intellectual Property Enterprise Court. The case is continuing to trial.

FLOORING MANUFACTURER (NAME CONFIDENTIAL)

We successful resolved a patent dispute between two manufacturers of flooring following the issuing of patent infringement proceedings in the Intellectual Property Enterprise Court.

DANCEWEAR RETAILER (NAME CONFIDENTIAL)

We recently acted on behalf of an international dancewear design and retail company and a leading dance education organisation in connection with their claim in the Intellectual Property Enterprise Court against a third party competitor who was infringing their unregistered designs resulting in the successful settlement of the proceedings.

MAKE-UP BRUSH AND ACCESSORIES COMPANY (SPECTRUM COLLECTIONS LIMITED)

Defending an action in the Intellectual Property Enterprise Court concerning an unregistered design right claim, which was resolved before trial.

TOY COMPANY (NAME CONFIDENTIAL)

Acting for a leading toy company in protecting and enforcing its intellectual property rights in the UK. One particular case of note was tracking down and seizing a significant quantity of infringing goods at Liverpool port and then successfully resolving the case with our client receiving a substantial amount in damages and costs.

MANUFACTURING (COMPANY VEXO INTERNATION (UK) LIMITED)

Acting for a heating/cooling water treatment solutions company in a claim in the Intellectual Property Enterprise Court concerning comparative advertising/trade mark infringement against the manufacture and distributor of the infringing product. This resulted in the infringing products being removed from sale and a successful resolution of this dispute.


Examples of work - Exploitation 

INTERNATIONAL ENTERTAINMENT PARK (THE EDEN PROJECT)

Advising them in relation to the design and implementation of a strategic trade mark ownership restructure and series of intra-group licence agreements, designed to support the Eden Project's plans for expansion and collaboration at home and internationally. These licences now form the basis of the Eden Project group's brand exploitation and licensing strategy, and we continue to advise them on trade mark licensing issues on a regular basis.

UNIVERSITY (UNIVERSITY OF WEST ENGLAND)

Managing the University's IP and technology transfer function for over two years. This involved providing strategic and operational support on intellectual property and related issues, including managing UWE's intellectual property portfolio, supporting funding bids for new projects, and assisting with the negotiation of joint ventures and collaborations for cutting edge technologies. Alongside this, we provided strategic input on UWE's cross-departmental review of its approach to protection and exploitation of intellectual property, and development of a new research and commercialisation framework to support its ambition to develop and capitalise on these aspects of its activities.

US COMPANY (NAME CONFIDENTIAL)

Advising on and amending three premiership football licences relating to Liverpool, Tottenham and Arsenal.

MEDIA COMPANY (TI MEDIA)

Acting for TI Media (in its capacity as co-licensor of the 'Marie Claire' trade marks) in relation to the sale of the 'Fabled by Marie Claire' business by the Ocado group to the Next plc group, including supporting with the negotiation of a new trade mark licence agreement.

MAJOR UK MEDIA COMPANY (NAME CONFIDENTIAL)

Supporting a major UK media business on various licensing arrangements for major children's TV series' to the US TV networks including Disney Jr and Nickelodeon. Also supporting the business with merchandising agreements, content licensing from UK rights owners (both publishers and individuals) and intra group arrangements covering cross business below the line and above the line talent.

MEDIA COMPANY (NAME CONFIDENTIAL)

Advising a major British publisher in relation to various licence agreements for the international exploitation of certain intellectual property assets.

MAJOR UK RETAILER (NAME CONFIDENTIAL)

Supporting a major UK retailer on a variety of IP, Technology and Commercial matters including sponsorship arrangements for a major music star to assist with the marketing of the retailers products – involving issues associated with reputation management and IP (and in particular) trade mark licensing.

MAJOR UK RETAILER (NAME CONFIDENTIAL)

Advising a major UK retailer on its sponsorship arrangements with Sky Sports Football League coverage including prominent use of its brand.

MAJOR UK UTILITIES PROVIDER (NAME CONFIDENTIAL)

Supporting a major UK utilities provider on a suite of cross licensing arrangements for IP in technology following a strategic acquisition.