Profile
Andrew's practice encompasses all aspects of intellectual property, media and entertainment and related commercial litigation. His clients range from individual rights holders to multinational brand and patent owners, record companies, broadcasters and intergovernmental organisations. He has acted for clients in a wide variety of tribunals including the Court of Justice of the European Union, the General Court, all levels of the High Court, the Trade Mark Registry, as well as other tribunals in the UK Intellectual Property Office.
He has extensive experience of substantial and complex IP litigation and has acted in various high profile cases including the Football Association Premier League, UEFA v Euroview Sports, the Da Vinci Code copyright infringement case, and Sawkins v Hyperion.
Andrew is widely recognised for his expertise in media and entertainment litigation, which he combines with his knowledge and experience of intellectual property law.
For the last 7 years Andrew has been a tutor for Nottingham Law School in its Postgraduate Diploma in Commercial Intellectual Property and LLM in Intellectual Property.
He is a contributing author to A Practical Approach to Trade Mark Law (OUP) and The Trade Mark Handbook (CIPA/ITMA).
Career
Andrew commenced practice at 5 New Square in 1998 and has remained at that address since then. In the first few years Andrew undertook work in a wide range of areas such as company law, particularly directors’ duties, in addition to more broadly based commercial and contractual disputes. The major part of Andrew’s practice has, however, always been intellectual property related disputes. The reported cases in the early part of Andrew’s career were intellectual property disputes, such as Vermatt v Boncrest [2001] F.S.R. 43 a trial of a preliminary issue about the subsistence of copyright in fabrics) and the Rugby Football Union and v Cotton Traders Ltd [2002] E.T.M.R. 76 (a trial about the rights in the RFU rose). Despite the heavy bias towards intellectual property disputes, Andrew continues to undertake broad a range of commercial work.
Cases
Notable Cases
Convatec Ltd and Others v Smith & Nephew Healthcare Limited and Others [2011] EWHC 2039 (Pat).
Represented the 4th defendant in a claim for patent infringement (validity in issue), breach of contract and misuse of confidential information. The subject matter of the claim was technology relating to wound dressings.
Union of European Football Associations (UEFA) v Euroview Sport Ltd [2010] EWHC 1066 (Ch); [2010] Eu. L.R. 583 -
This is a broadcasting rights case and is related to FAPL v QC Leisure. It has been referred to in the Court of Justice of the European Union too. In addition to seeking guidance on issues relating to the cross border trade in satellite decoder cards, this case raises issues of copyright protection to parts of the broadcast of Premier League football matches, such as the commentary.
Aktieselskabet af 21. November 2001 v OHIM: TDK Kabushiki Kiasha (TDK Corp) (case C-197/07) [2009] E.T.M.R. 36 – A decision of the European Court of Justice relating to one of the principles determining whether a community trade mark should be registered in light of the earlier rights of TDK.
Crocodile International Private Ltd v La Chemise Lacoste [2008] EWHC 2673 (Ch) – A decision of the Chancellor relating to whether one of Lacoste's trade mark had been genuinely used in the United Kingdom.
Bambino Mio Ltd v Cazitex NV [2008] EWHC 2796 (Ch) - A trial relating to the infringement of a registered trade mark.
Football Association Premier League Ltd v QC Leisure [2008] FSR 32– The trial determining issues of broadcasting rights originating from the Conditional Access Directive and copyrights in the broadcasts of Premier League football matches and the use of overseas satellite cards in this country to receive the broadcasts.
Football Association Premier League Ltd v QC Leisure [2008] EWHC 44 (Ch) – Resisting an application for summary judgment brought by FAPL in relation to the allegation that its agreement with various European broadcasters were anti-competitive and, therefore, void. The agreements govern the broadcasting of English Premier League football in Europe.
Baigent v Random House Group [2007] F.S.R. 24- The Court of Appeal’s judgment on the 1st instance decision of Peter Smith J. in the Da Vinci Code case
Sun Microsystems Inc v Amtec Computer Corporation [2006] F.S.R. 35 – The extent of the remedies available and, in particular, the appropriate scope of injunctions in claims against parallel importers.
Baigent v Random House Group [2006] F.S.R. 44 – The trial of the claim that a substantial part of the book Holy Blood, Holy Grail had been reproduced in Dan Brown’s book The Da Vinci Code.
Dr. Alan Clegg v Amcor Flexibles UK Limited (July 2005) O/206/05 - A claim made late in the term of a patent to be named as the sole or joint inventor of a patent for perforated polymeric films.
Sawkins v Hyperion Records Limited [2005] 3 All ER (C.A.), [2005] 1 W.L.R. 3281 The decision of the Court of Appeal in a claim for infringement of copyright and moral rights in respect of editions of French baroque musical works created by the Claimant and used in a recorded performance.
Celador Productions Limited v Melville [2004] EWHC 2362 (CH), (2004) 28(1) I.P.D. Resisting summary judgment in a claim for copyright infringement and breach of confidence in TV game show format for 'Who wants to be a Millionaire'.
Sawkins v Hyperion Records Limited [2004] 4 All ER 418, [2005] R.P.C. 4, Times, July 26, 2004. A claim for infringement of copyright and moral rights in respect of editions of French baroque musical works created by the Claimant and used in a recorded performance. Copies of that recorded performance were sold as a CD.
S C Prodal 94 Srl v Spirits International N.V. [2003] E.W.H.C. 2756, (2004) 27(2) I.P.D. 27016. An appeal from the Trade Mark Registry to the High Court over the registration of a brand of vodka.
Byford v Oliver [2003] F.S.R. 39, [2003] E.M.L.R. 20. A dispute between former band members over the ownership of the trade mark and name for the heavy metal band 'Saxon'. An appeal from the Trade Mark Registry to the High Court.
Rugby Football Union and Nike European Operations B.V. v Cotton Traders Ltd [2002] E.T.M.R. 76. A claim for registered trade mark infringement and passing off relating to the red rose used by the R.F.U. and the use of that rose on clothing sold by Cotton Traders.
Directory & testimonial Quotes
Andrew has been consistently recommended in both the Legal 500 and Chambers and Partners for years.
In the Intellectual Property section of the 2012 edition of Chambers and Partners, Andrew is considered “brilliant, responsive, quick, commercial and practical," and is admired by instructing solicitors for the fact that he is "very personable, and easy to have conversations with." He was recently instructed by the BBC in a major copyright case relating to a TV gameshow.” In Media and Entertainment, he is regarded as “a real expert in format rights" and has built up a very healthy media practice. He recently acted for the BBC in a format dispute, and continues to be involved in litigation concerning copyright and broadcasting rights of Premier League football matches and the use of overseas satellite cards.”
In earlier editions of Chambers and Partners, Andrew is commended as someone who "recognises the commercial realities of every situation and doesn't sit on the fence." He "focuses on the media and entertainment sector, acting for broadcasters, record companies and performers" (2011) and "gets the job done quickly and with finesse" (2010). He was also noted for his "fusion of IP and media and entertainment expertise" and "wonderfully effective" approach (2008).
In the Media and Entertainment section he is referred to as being “down-to-earth and approachable” (2010) and was noted for his “wealth of broadcasting and film experience” (2009). He is also known for getting “the job done quickly and with finesse” (2009).
The Legal 500 reports that Andrew is considered to be ‘solid’, ‘popular’ (2010), ‘reliable’, ‘approachable’ (2009) and a leading junior in the field (2011).
Membership
Intellectual Property Bar Association
Chancery Bar Association
Qualifications and Regulations
Qualifications
B.Sc (St. Andrews)
Dip Law (College of Law)
Regulation
Andrew is a self-employed, independent barrister whose practice is governed by the Code of Conduct of the Bar of England and Wales. He is registered with the Bar Standards Board of England and Wales (Bar Ref: 34568)
He has professional indemnity insurance provided by the Bar Mutual Indemnity Fund (BMIF Ref: 2190/029). Please refer to the BMIF website for full details of the world-wide cover provided, and the BMIF’s contact details.
Human interest
Andrew is married with two children. When not with his family Andrew is skiing, playing tennis or ice hockey for the London Rangers, one of London’s leading ice hockey clubs.