We are delighted to announce that we have been nominated for IT/IP Set of the Year for the upcoming Chambers U.K. Bar Awards 2023.
Simon Malynicz KC has also been nominated for IT/IP Silk of the Year. Congratulations to him from all in Chambers.
We look forward to finding out the results in due course.
The recent decision of Recorder Amanda Michaels in Prysmian v M/S Apple International & Ors (https://www.bailii.org/ew/cases/EWHC/IPEC/2023/2176.html) shows the importance of keeping track on where goodwill is assigned and who owns it. It is common for companies to assign goodwill, whether through a sale or internal re-organisation and unless someone identifies the sources of that goodwill and the various brands generating it, it can be lost or not assigned at all. This is what happened to the Claimant in this case. Complex sale agreements and internal re-organisations failed to include the goodwill for what was once one of the leading brands in UK manufacturing.
This case also shows the brutal consequences of goodwill being abandoned. Evidence of reputation and of a fondness for a historical brand does not constitute goodwill. Unless a business is trading using a brand, i.e. the attractive force to bring in custom, the protectable goodwill will be lost.
The Claimant’s claims for passing off and registered trade mark infringement were dismissed.
Andrew Norris KC and Jonathan Moss appeared for the successful Defendants.
AIM Sport v Supponor [2023] EWHC 164 (Pat) – Edward acted for AIM Sport in their successful patent infringement claim against Supponor. Mr Justice Meade found AIM Sport’s patent to be both valid and infringed. The claim related to AIM Sport’s technology for virtual advertising in sports stadiums, which allows in-stadium advertising boards to be replaced in live broadcasts overseas with alternative content. Led by Piers Acland KC.
Simon Malynicz KC, one of the most highly regarded silks on contentious trade mark matters, is to join Hogarth Chambers from competitor IP set, Three New Square, in what will be one of the biggest Bar moves of the year.
Simon described his move from Three New Square, back to Hogarth Chambers, where he spent the first decade of his career, as “like a homecoming and reunion with the Hogarth family.”
“I had 10 happy years at Three, took silk there and have nothing but gratitude and affection for the barristers and clerks. However, professionally, with the appointment of a number of new silks and talent emerging at all levels at Hogarth, this move feels right.” Said Simon.
David Court, one of Three New Square’s most experienced and dynamic clerks, will also transfer, joining the Hogarth team as a Practice Manager, to maintain the consistency of Simon’s schedule and help manage the growing workload of this flourishing chambers.
“Getting Simon Malynicz back was a real coup for Hogarth and a shrewd move for him. I will miss the barristers and clerks at Three, but I join a fantastic clerking team at Hogarth.” Said David.
Nick Caddick, Head of Chambers at Hogarth said, “We have grown rapidly in recent years and have broadened our IP offering. We are delighted that Simon and David are joining us in that expansion, and in helping us to provide our clients with the best possible service.” Nick continued, “We look forward to the continued growth of Hogarth Chambers. Exciting times!”
Hogarth Chambers is a leading set of barristers specialising in Intellectual Property Law.
Simon’s practice is concerned with all areas of Intellectual Property law, but is best known for his trade mark and branding practice with recent cases such as: Skykick, Swatch/Samsung, Cadbury Purple, Interflora, and Martin v Kogan
It is with extreme sadness, but also great pride, that we change our honorary titles from QC to KC.
We pay tribute to the life of our late Queen, Elizabeth II, by supporting the new King, Charles III, and their wider family, during this period of personal and national mourning.
Hogarth Chambers would like to extend a big thank you to Albright IP Limited, Allen & Overy, Barker Brettell LLP, Bird & Bird, Bristows Law Firm, Browne Jacobson LLP, Carpmaels & Ransford, Clyde & Co, Dehns, Dummett Copp LLP, Elkington + Fife, Fieldfisher, HGF Limited, Hill Dickinson LLP, Jones Day, Keltie, Kirkland & Ellis, Lambert Hornby Limited, Mathys & Squire LLP, Mewburn Ellis LLP, Michelmores, Mishcon de Reya LLP, OPENSHAW & CO. LIMITED, Pinsent Masons, POTTER CLARKSON IP LIMITED, Powell Gilbert LLP, Shakespeare Martineau, Trowers & Hamlins, Venner Shipley LLP, Withers & Rogers LLP, WP THOMPSON LIMITED and many many more.
We caught up with the latest insights from the patent world with talks from Edward Cronan, Richard Davis, and Jonathan Moss and then enjoyed champagne and stunning views from the top of the Royal College of Surgeons in great company.
