Profile
Amanda is a persuasive and confident advocate, highly praised for her practical and commercial approach, for her client care skills and for the clarity of her arguments and written work. She is recognised by the major independent legal directories as a leading barrister for IP and Media and Entertainment.
Amanda has a wealth of experience in a broad range of practice areas, from intellectual property through media and entertainment, to broader contractual and Chancery disputes. Her practice encompasses disputes in the music/record industry, films, advertising, television, and publishing, often involving issues of contract or partnership law. She deals with a wide variety of copyright and design disputes, many in the fashion industry, and contractual/property disputes of all kinds. Amanda’s practice encompasses both UK and EU Community law and she has advised and acted in both UK and Community Courts and trade mark offices.
She is well known as a trade mark specialist, dealing with trade mark and passing off matters at all levels. In February 2007, Amanda was appointed by the Lord Chancellor as an Appointed Person under the Trade Marks Act 1994 to hear appeals from the UKIPO. She is the author with Andrew Norris of A Practical Approach to Trade Mark Law (4th edition March 2010, OUP).
Amanda was appointed as a Recorder in October 2010. She has heard a variety of civil cases and is a regular ‘deputy’ judge of the Patents County Court, where she has heard trade mark, passing off, copyright, design and breach of confidence cases.
Amanda is a trained mediator with experience of IP, Chancery and commercial mediations as mediator, co-mediator and counsel; she has a high rate of successful outcomes.
Amanda has for many years been recommended by the main legal directories for IP and for Media & Entertainment. The current Chambers & Partners directory describes her as ‘something of a guru when it comes to trade mark law’, recommended as ‘an absolutely outstanding senior junior with a fantastic capacity for assimilating information. She cuts to the chase and is a real pleasure to work with.'
Amanda speaks regularly at seminars and conferences, most recently at the ITMA Spring Conference 2013 in London. In October 2012, Amanda attended a Community Trade Mark Judges’ Seminar at Alicante, as one of 60 trade mark judges from across the EU.
Amanda is a member of the Board of Electors to the Herchel Smith Professorship of Intellectual Property law at the University of Cambridge.
Career
Amanda read law at the University of Durham. Her interest in IP arose from her post-graduate studies of EU law at the College of Europe in Bruges, funded by Belgian Government scholarships, and then as a trainee in the Legal Department of the EU Commission. She wrote her master’s thesis on trade mark law.
Amanda’s practice encompasses litigation at all levels and covers almost the full breadth of chambers’ work. She has acted in many committal applications and has experience of arbitrations and mediation.
On the IP side, Amanda does a full range of IP and media work, save for patent validity/infringement actions, but she does have experience of disputes relating to patent licences and ownership. For many years she has acted for the collection societies, PPL and PRS.
Since 2007, Amanda has been an Appointed Person, hearing appeals from the UKIPO in trade mark matters. Her judgments may be found on the UKIPO website.
Amanda was appointed as a Recorder in October 2010. She has heard a variety of civil cases and sits regularly in the Patents County Court, where she has heard trade mark, passing off, copyright, design and breach of confidence cases. PCC judgments are online at www.bailii.org
On the Chancery side, Amanda has experience of a wide range of disputes, particularly of a contractual nature; she regularly acts in Family Provision, probate and proprietory estoppel actions and frequently achieves excellent settlements of such disputes without going to trial.
Amanda has acted as a mediator in all kinds of disputes. She is happy to conduct conferences and mediations and read documents in French.
Cases
REPRESENTATIVE CASES
Forstater v Python (Monty) Pictures Ltd: acting for the Pythons in a claim brought by the producer of the iconic film “Monty Python & the Holy Grail” in respect of his royalty share, arising after the launch of the hit musical “Spamalot.” Judgment is awaited.
Acting for Coca Cola in a trade mark infringement and passing off action, recently settled.
Acting for New Look retailers on a variety of trade mark, passing off, copyright and design right cases.
Acting for the States of Jersey on a trade mark opposition. Judgment awaited.
Advising a French cosmetics giant on an appeal from the CFI to the CJEU.
Re Simmons trade mark (BL O-468-12): acting for the successful applicant for invalidity of a trade mark, based upon historic goodwill and bad faith, and on the (unsuccessful) appeal by the trade mark proprietor.
Acting for a ‘green’ energy company in consolidated trade mark proceedings.
Arevdour v Kuçukçalik: Acting for the Defendant, which in 2010 successfully discharged an interim copyright and disclosure and freezing orders. The claim is for breach of an agency agreement, compensation under the Commercial Agents Regulations 1993, and infringement of the artistic copyright in some 420 fabric designs. The case continues.
TMLC & Lonsdale v Leofelis, successfully resisting summary judgment in a claim for breach of a trade mark licence: [2010] EWHC 969 and [2010] EWHC 1938, after the Defendant disputed the UK court’s jurisdiction: [2009] EWHC 3285 (Ch). Also acting for Leofelis in its inquiry for damages against Lonsdale for breach of the same trade mark licence.
An international WIPO arbitration [2009, subject to confidentiality terms] relating to alleged breach of contract and negligence in respect of the supply of software and digital rights management services.
HCL v Urban [2009, unrep] acting for the successful claimants seeking interim relief and then obtaining summary judgment in a claim for breach of confidence, and infringement of copyright.
‘Tushies’ trade mark, BL O/281/09 appeal relating to the admissibility of further evidence
‘Muddies’ trade mark BL O/211/09 appeal raising issues of likelihood of confusion
Seatbooker v Southend United Football Club [2008] EWHC 157 trial of claim for breach of IT supply contract
Baker Book House and others v Amue [2008, unrep] summary judgment for infringement of literary copyrights on website, followed by a committal application in 2010.
Numerous unreported committal applications, copyright and design right claims and Inheritance Act claims.
GMG Radio Holdings Limited v Tokyo Project Limited [2006] F.S.R. 15 - passing off by use of a style of illustration in relation to music CDs and club nights
Clark v Clark [2006] F.C.R. 421 [2006] W.T.L.R. 823, proprietary estoppel
Oska's Ltd's trade mark [2005] R.P.C. 20 appeal raising issues of likelihood of confusion
Sony v Ball [2004] EWHC 1984 (Ch) contempt application under CPR r.32.14
Reed Executive Plc v Reed Business Information Limited [2004] R.P.C. 40 CA: trade mark/passing off case including issues of use on websites, in metadata and "SEO" techniques; and [2005] F.S.R 3: impact on costs of failure to mediate.
Arkace v Nolan [2005, unrep] successfully defended claim on basis that management and recording agreements made with a minor were unenforceable and in restraint of trade.
Riddle v United Services Organisation Limited [2004] EWHC 1263 (Ch); (2004) 27(7) I.P.D. 27079 - claim for passing off
Miles v ITV (2003, unrep) claim for breach of confidence and copyright infringement in relation to children's TV series
Charly Acquisitions Limited v Immediate Records Inc [2002] EWCH 254 - ownership of copyright in catalogue of 1960s sound recordings.
Altecnic v Reliance [2002] R.P.C. 34 CA – amendment of trade mark application.
Gabrin v Universal Music [2004] ECDR 4 - infringement of copyright in photograph, and subsequent inquiry as to damages
Abkco Music & Records Inc v Jodorowski [2003] E.C.D.R. 3 disputing the jurisdiction
SIGNIFICANT CASES
Reed Executive Plc v Reed Business Information Limited [2004] R.P.C. 40 CA: trade mark/passing off case including issues of use on websites, in metadata and "SEO" techniques; and [2005] F.S.R 3: impact on costs of failure to mediate.
Altecnic v Reliance [2002] R.P.C. 34 CA – re amendment of trade mark application.
Freund v Charles Scott Developments (South Devon) Ltd [2002] EWCA Civ 106; [2002] 2 P. & C.R. 31 CA – option agreements
Directory & testimonial Quotes
Legal 500 2012
The 2012 Edition of the Legal 500 describes Amanda as "excellent on all brand protection and trade mark matters".
The World Trademark Review World’s Leading Trademark Professionals Guide 2013
This guide recommends Amanda as a “stellar” junior, saying that Amanda’s “pragmatic advice, commercial awareness and great intelligence” set her apart. “She is in court frequently and shows brilliant advocacy skills; it is a real advantage to us to be represented by someone with her level of experience."
Chambers & Partners 2012
In Intellectual Property: Amanda Michaels is "known as something of a guru when it comes to trade mark law, and features in the rankings on the strength of highly enthusiastic feedback from her clients. Commentators say she is an "absolutely outstanding senior junior with a fantastic capacity for assimilating information. She cuts to the chase and is a real pleasure to work with."
In Media and Entertainment: "Popular junior Amanda Michaels is "fair, hard-working and tenacious," and "can turn her hand to anything," according to those that instruct her."
Legal 500 2011
In Intellectual Property: Amanda "delivers solid authoritative sensible advice."
In Media and Entertainment: Amanda is "well respected in her field."
Chambers & Partners 2011
Chambers & Partners recommends Amanda for Media & Entertainment: described as "sensible and balanced", Amanda is also "considered effective across a number of industry areas including publishing, the art world and the Internet...A range of impressed clients rate her highly, saying she is "superb on paperwork and well liked by all the judges."
The Legal 500 2010
The Legal 500 recommends Amanda for IP and for Media & Entertainment: described as ‘client friendly and wonderful on her feet.’
Previous editions have said that she gets 'straight to the point, and picks up on key issues immediately' and have praised her 'no-nonsense hands-on approach.' She has been recommended as 'superb with clients,' for her 'excellent advocacy and presentational skills' and described as 'a quality act clearly respected by Chancery judges'.
Chambers & Partners 2010
Chambers & Partners recommends Amanda for Media and Entertainment as "a quick thinker who is extremely good on her feet" and for IP as she “has ‘been there, seen it all and done it all’ when it comes to trade mark matters. In 2008/9, it praised her “considerable trade mark and branding experience”, and her “easy and elegant advocacy style” and “good manner with the court”, adding that she “always gets the job done in a timely fashion."
Membership
Chancery Bar Association. IP Bar Association. ADR Chambers.
Qualifications and Regulations
Qualifications
BA (Dunelm) Law
Certificat d’Hautes Études Européennes (Bruges)
MA (d’Hautes Études Européennes) (Bruges)
Called to the Bar, Gray’s Inn, 1981
Appointed Person, 2007
Recorder, 2010
Regulation
Amanda is a self-employed, independent barrister whose practice is governed by the Code of Conduct of the Bar of England and Wales. She is registered with the Bar Standards Board of England and Wales (Bar Ref: 16719)
She has professional indemnity insurance provided by the Bar Mutual Indemnity Fund (BMIF Ref: 2190/011). Please refer to the
BMIF website for full details of the world-wide cover provided, and the BMIF’s contact details.
Human interest
Singing and listening to music; eating, cooking, reading cookery books and devising ways to feed the birds but not the squirrels.