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Year of Call: 1996 (Inner Temple)
Education: : LLB (hons)
Email: timludbrook@13oldsquare.com
Areas of practice
Tim advises and represents his clients in respect of all
areas of UK and EC intellectual property law, together with media
law (including defamation, advertising and publishing work), entertainment
law (with a particular emphasis on music and film/TV work), and
sports law (covering matters such as sponsorship, endorsement &
merchandising). He has also developed a discrete expertise in relation
to both European (as opposed to EC) and North American jurisprudence
covering many of these areas. In addition, Tim has considerable
experience in dealing with commercial contract disputes involving
subject matter other than that related to IP, media and entertainment.
Specifically, in terms of IP, Tim provides advice and representation
in relation to all aspects of:- copyright; trademark law (both civil
and criminal liability), in the UK, European Community, discrete
European jurisdictions, and in the USA and Canada; passing off and
European Unfair Competition provisions; registered and unregistered
UK and Community Design Rights; patents; trade secrets and other
forms of confidential information.
In addition to IP, Tim’s practice also focuses on six allied
areas of expertise, namely:
- (1) Media law, including - privacy and image rights, defamation
(i.e. libel, slander, malicious falsehood, trade libel), contempt,
broadcasting, publishing and advertising (e.g. advertising standards,
comparative advertising), obscenity & indecency, racial hatred,
and blasphemy
- (2) Entertainment law, including - music (e.g. image rights,
performers' rights, moral rights, PRS/MCPS/PPL disputes, group
management, recording & publishing agreements and disputes)
and film/TV (e.g. pre-production, finance, production and distribution
agreements, format disputes)
- (3) Sports law (e.g. sponsorship, endorsement and merchandising)
- (4) IT law, including - domain name disputes (e.g. cyber-squatting,
Nominet, ICAAN, trade mark related matters), data protection issues,
publishing, multimedia, and software disputes (e.g. development,
unlawful acts)
- (5) IP-related competition and antitrust law
- (6) Commercial contractual and non-contractual obligations
Before coming to the Bar, Tim worked in television as a programme
maker.
Appointments
- Editorial Committee ‘ITMA Review’ (the journal
of the Institute of Trade Mark Attorneys)
- Editorial Committee ‘INTA Bulletin’ (the journal
of the International Trademark Association)
- Bar Liaison Committee (Inner Temple)
- Estates Committee (Inner Temple)
- JDD course consultant and tutor (JEB courses for the Patent
/ Trade Mark Attorney professions)
Reported cases and recent work
-
Dearlove (pka “Diddy”) v Combs (pka “P.Diddy”)
[2006] (Chancery Division): passing off – whether same
trade conduit / deception; whether D enjoyed rights in the UK
by or under the mark DIDDY
-
Ontex NV v OHIM [2006] T-353/04-2 (Appeal to the European
Court – CFI): trade mark - likelihood of confusion (CURON/EURON)
-
Experience LLC v Purple Haze Music Ltd & another [2005]
(Court of Appeal): performers rights - whether Experience able
to exploit certain recordings of the late Jimmy Hendrix; whether
fact of a state joining EU has retrospective effect re performers
rights
-
Sales v Stromberg & others [2005] (Chancery division):
design right infringement - complementary medical device designed
as jewellery; meaning of design document; commonplaceness re
‘ancient’ designs; substantiality
-
Torry v Pink Floyd Music Ltd & others [2005] (Chancery
division): copyright infringement - unpaid royalties / damages
re a song recorded by Pink Floyd in 1973; joint authorship;
limitation; laches; acquiescence & estoppel; competing unconscionability
-
Swan v Bereta & others [2005] (Chancery division): copyright
& design right infringement - 3D greetings cards; whether
works of artistic craftsmanship / articles in which design right
may subsist
-
Re Kraft Jacobs Suchard SA’s application [2003] (Appeal
to the Appointed Person): trade mark; 3D triangular praline
box (Toblerone); basis for the introduction of new evidence
on appeal; ability of earlier ‘shape mark’ registration
to ‘capture’ later application
-
Re East Side Mario’s Restaurants Inc.’s Application
[2002] (TM Registry): trade mark; principles for staying parallel
UK proceedings in favour of OHIM proceedings
-
Re Nordic Sauna Limited’s Application [2002] (Appeal
to the Appointed Person): trade mark; meaning of term ‘geographic
origin’
-
Nichol v Rider [1999] (Chancery division): unreasonable restraint
of trade and undue influence in a management / artist relationship
Publications, articles, and seminars (papers available
on application)
- Implications of an Extension to UK Copyright Term: 22 November
2005, LexisNexus Conference, London
- Image & Personality Rights in the UK: 30 September 2005,
ITMA Autumn Conference, Barcelona
- Defamation and the Net: Where are we going? [2004] ELR, vol.
15, issue 7
- Defamation and the Net: Where are we now? [2004] ELR, vol. 15,
issue 6
- Use of Designs to Create the Brand; 5 May 2003, INTA Annual
Conference, Amsterdam
- Recent High Court decisions: 25 June 2002, ITMA London
- Daimler Chrysler v Alavi (‘the Merc case’): 23 April
2002, ITMA, London
Memberships
Committee Member - International Trademark Association (“INTA”)
Member - Intellectual Property Bar Association (“IPBA”)
Member - Chancery Bar Association (“Ch.BA”)
Member - The Intellectual Property Lawyers Organisation (“TIPLO”)
Associate Member - Chartered Institute of Patent Attorneys (“CIPA”)
Associate Member - Institute of Trade Mark Attorneys (“ITMA”)
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