Copyright & related rights
Trade secrets/confidential information
Computer technology & services
Iain heads Pinsent Masons' contentious intellectual property practice having prosecuted many of the UK’s most high profile pieces of IP litigation through the UK courts and then on to the Court of Justice of the European Union. His European Court highlights include Interflora -v- Marks & Spencer - a trade mark infringement case relating to the use of Interflora as an AdWord in the Google advertising programme; Specsavers -v- Asda Stores - a parody advertising case relating to the slogan "Be a real spec saver at Asda"; L'Oreal -v- Bellure - the first “unfair advantage” trade mark case before the CJEU; and British Horseracing Board -v- William Hill - the first Database Rights case to be heard before the CJEU.
Recent successes in the Court of Appeal have been for Flynn Pharma against Drugs-R-Us, a novel a parallel import case involving a free standing "Euro" defence based on an argument that the enforcement of trade mark rights amounted to a quantitative restriction on trade; and defending ZyXEL in a standard essential patent case brought by the non-practising entity, TQ Delta, defeating the demand for a RAND licence declaration.
He secured injunctions for Dixons Carphone against an advertiser misusing the Carphone Warehouse brand and for window company, SafeStyle, for a breach of confidence, in a case involving a successful application for a search and seizure order, where a competitor had hired a number of his client’s sales teams to set up as a direct competitor.
Last updated 18th August 2020