| Stuart
has mediated disputes involving the following issues:
• Dispute between US investors and Uruguayan company over ownership of valuable domain name, involving issues of Uruguayan insolvency law and international domain name rules and regulators.
• Claim by film producer for copyright infringement, alternatively implied contractual licence fees, in respect of the uploading of films onto the licensee’s YouTube channel.
• Claims and cross-claims regarding ownership of trade marks in the diamond simulant market, and related claims of passing-off, infringement and damage to brands by misdescription of product.
• Claims against former employee and associates for breach of confidentiality and unlawful means conspiracy in diverting customers in waste management industry.
• Ownership
of IPRs in developed higher-education courses and materials.
• Possession
and use of confidential information by departing employees
and partners.
• IPRs
in the environmental sector.
• Use
of IPRs in shareholder disputes.
• Use
of IPRs in franchising disputes.
• Commercial
agency, branding and ownership of IPRs.
Recent examples include:
• Patent dispute in the garden products sector involving UK, European and worldwide patents and negotiations regarding possible licensing arrangements.
• Claim for unfair prejudice in software services business and counterclaims for breach of duties and IP infringement.
• Claim by software licensor for £8m in respect of over-usage by worldwide pharmaceuticals company following post-novation audit of usage, involving issues as to territorial rights, technical issues as to usage and issues regarding the audit methodology and tools.
Stuart has experience of litigating
and advising on a number of intellectual property disputes,
including the following:
• Patent
disputes relating to television set-top box technologies.
• Patent
disputes relating to water-filtration membrane technology.
• Obtaining,
prosecuting and defending Mareva and Anton Piller injunctions
relating to trademarks, copyright and confidential information.
• Royalty
disputes.
• Trademark
infringement claims.
• Licence
agreement disputes.
• Passing
off disputes.
• Supervising
execution of Anton Piller injunctions.
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