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Ian Silcock
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Ian began his career as a barrister specialising in IP litigation in the legal department of The Body Shop Intl Plc. Before commencing independent practice at the bar in 2002, he worked as in-house counsel to a global domain name consultancy, and later as technical assistant to a leading firm of patent & trade mark attorneys, as well as undertaking a post-graduate degree in computer science, which he obtained with a distinction, having been awarded a scholarship by the European Physics & Science Research Council.

Ian’s practice covers all aspects of intellectual property, information technology, telecoms and media law, including the law of trademarks and passing off, copyright, designs, and patents, as well as related fields, such as franchising (including interim injunctions to enforce restrictive covenants), music, media and entertainment law (including the law relating to broadcasting, TV formats, and emergency pre-broadcast and pre-publication injunctions), defamation, privacy, breach of confidence, data protection, Norwich Pharmacal applications, telecoms, and competition law. Ian has experience of acting for clients in mediation, as well as in arbitrations, and has also been instructed as an expert witness in the field of copyright law. In November 2014, Ian was identified by the Institute of Trade Mark Attorneys Review as being one of the top 10 most frequently instructed counsel in hearings before the UK Intellectual Property Office.

In addition, to his dispute resolution practice, Ian is also frequently instructed to draft and provide advice in relation to commercial agreements, assignments and licences falling within his areas of specialisation.

He has represented a diverse range of clients, from individuals, including high profile performers and entertainers, as well as start-up businesses and SMEs, through to substantial global corporations. He also has experience acting both against, and defending, various police forces, local authorities, universities, and other public sector organisations, trusts and charities.

Ian lectures regularly in the field of intellectual property law. He has lectured to the Boards of Appeal of the European Patent Office (EPO), the Institute of Professional Representatives before the EPO (epi) in Munich, and to the Chartered Institute of Trade Mark Attorneys (CITMA).

Franchising

Ian has considerable experience of franchising disputes, where his intellectual property expertise is often a considerable advantage. He has acted for both franchisors and franchisees.

  • Rodizio Battersea Ltd v. Preto Ltd [2015] HQ15X01529 (QB)
    Action between ex-franchisee and franchisor for alleged breaches of lease sale agreement.
  • GreenThumb Ltd v Abramson [2011] 1BM30172 (Ch)
    Action between franchisor and ex-franchisee for alleged passing off and breach of franchise agreement.
  • Openwork Ltd v various[2011] 1BS40715 (QB)
    Advising defendant ex-franchisees in High Court proceedings brought by franchisor for claims in excess of £250k for alleged breaches of franchise agreement.
  • Kumon Educational UK Company Ltd v Worley[2008] HQ 08 X00089 (QB)
    Action between franchisor and ex-franchisee, alleged breach of franchise agreements.
  • Oven Clean Ltd v Gilbert [2007] EWHC 3483 (Ch) Registered trade mark infringement and passing off action against ex-franchisee, instructed by franchisor.

Intellectual Property

Ian’s practice principally covers all aspects of intellectual property and information technology law, as well as the closely related fields of franchising, music, media and entertainment law, defamation, breach of confidence, and data protection law.

In the course of his practice Ian also frequently deals with connected commercial issues, including advising in relation to the termination and breaches of commercial contracts, as well as drafting and advising upon:

  • confidentiality and non-disclosure agreements (NDAs)
  • commercial contracts
  • franchising agreements
  • trade mark assignments & licences
  • copyright assignments & licences
  • software licences (including EULAs)
  • specialist software development agreements
  • joint venture agreements
  • shareholder agreements and directors service agreements
  • TV production agreements & releases
  • publishing agreements (traditional print and e-book publication)
  • music business agreements
  • dispute resolution & settlement agreements
  • website terms, conditions & disclaimers
  • website data protection & privacy notices

Recent cases

  • Bains v. Moore [2017] EWHC 393 (QB)
    High court action for alleged breach of confidence, right to privacy, and data protection rights.
  • Foxtons Ltd v. Tafader [2017] EWHC 170 (Ch)
    High court action for alleged breach of confidence and database rights; search order, application to discharge for breach of duty of full and frank disclosure.
  • Dexmar Ltd v. Office for National Statistics [2016] HC-2014-000700 (Ch)
    Software copyright infringement action between software licensor and former licensee.
  • Barr v. Matrix Research Ltd [2016] HC-2016-001500 (Ch)
    Norwich Pharmacal application for disclosure of private investigator’s sources following alleged breaches of the Data Protection Act 1998 in its investigation regarding a company director.
  • Stowarzyszgnie Polskich Kombatantow Ltd v. The Polish Ex-Combatants Association in Great Britain Trust Fund (SPK Trade Mark) [2016] CA000500271 (UKIPO)
    Represented Polish veterans’ association trust fund in defence of their registered trade mark.
  • Recharge AS v. Clover [2015] HC-2015-000643 (Ch)
    Database right infringement and breach of confidence action brought by magazine publishers against former employees.
  • Talos Ltd v. Stackhouse Poland Ltd [2015] IP-2015-000054 (Ch)
    Action for software copyright infringement and breach of software licence.
  • Preferred Access Ramp Systems Ltd v. Owen[2015] (UKIPO)
    Application to revoke patent under section 72(1) of the Patents Act 1977.
  • Cooke v. Watermist [2014] EWHC 125 (Pat)
    Patent entitlement proceedings relating to patents in the field of fire suppression equipment.
  • Monde Nissin Corp v. Milagrosa Foods & Grains (LUCKY ME! TM)[2015] CA000500192 (UKIPO)
    Application to invalidate registered trade mark on grounds that the application was filed in bad faith by a local agent of a foreign manufacturer.
  • Easigrass Distribution Ltd v. OHIM (EASI Trade Mark) [2015] R1811/2014-1 (BoA)
    Appeal to First Board of Appeal before OHIM (now the EU IPO) against refusal to register EU TM application.
  • PPL v. Lloyd [2015] HC-2014-000701 (Ch)
    Action for infringement of copyright in sound recordings and infringement of performers’ rights.
  • Cranford Community College v. Cranford Ltd [2015] ETMR (7) 205 (IPEC)
    Passing off action between rival colleges.
  • Cranford Community College v. Cranford Ltd [2014] EWHC 2960 (IPEC) (sanctions)
    Procedural decision regarding relief from sanctions application to admit late witness statements.
  • Cranford Community College v. Cranford Ltd [2014] EWHC 349 (IPEC) (disclosure)
    Procedural decision regarding disclosure reports in IPEC cases.
  • Alandar Park Ltd v. Gino Cerruti UK Ltd [2014] HC13B02656 (Ch)
    Community and UK design right infringement action in the field of mother-of-the-bride dress designs.
  • Ambar Kelly Ltd v. Lowe Riser Pod Ltd[2014] CC12P2368 (PCC)
    Patent infringement and invalidity proceedings relating to safety platforms for use in riser shafts in multi-level buildings.
  • Argo Capital Management Ltd v. ERGO Versicherungsgruppe AG (ARGO/ERGO Trade Marks) [2014] R421/2014-4 (BoA)
    Appeal to Fourth Board of Appeal before OHIM (now the EU IPO) in EU trade mark opposition.
  • Power Probe, Inc v. Autotestgeraete Leitenberger GmbH[2014] CA 8164 C (EU IPO)
    Registered EU trade mark invalidity action before OHIM (now the EU IPO).
  • Travel Spot LLP v. Carrington[2014] 1CL70006 (PCC)
    Patent, design right, copyright, registered trade mark infringement and passing off proceedings relating to vehicle headlamp converters.
  • Middleton -v- Icon Books Ltd[2013] (pre-action)
    Represented defendant publishers in threatened passing off action by Pippa Middleton.
  • Chiral Systems Ltd v. Hanlan [2013] HC13B00647 (Ch)
    Software copyright infringement action relating to dental practice management software.
  • Ambar Kelly Ltd v. Lowe Engineering (Midland) Ltd[2013] 1CL70006 (PCC)
    Patent infringement and invalidity proceedings relating to safety platforms for use in riser shafts in multi-level buildings.
  • School Sports Ltd v. School Website Ltd[2013] D000012867 (Nominet Appeal Panel)
    Appeal before the Nominet Appeal Panel in domain name arbitration proceedings.
  • Yam v. Tag Leisure Ltd – TAO Trade Mark[2013] CC12P01471 (PCC)
    Registered trade mark infringement action between a restaurant and a nightclub.
  • Pandora A/S v. Me Me Me Accessories Ltd[2012] HC11C01801 (Ch)
    Represented claimant international jewellery designers and producers in High Court registered trade mark infringement and passing off action against former distributors.
  • Nutricia Ltd (Cow & Gate) v. Kerr[2012] HC11C01801 (Ch)
    Instructed by claimant baby and infant products company in High Court proceedings concerning allegations of groundless threats, invalidity and infringement of defendant’s registered trade mark.
  • So Organic Ltd v. J Sainsbury plc – SO ORGANIC Trade Mark[2012] (UK IPO)
    UK trade mark opposition and invalidity proceedings before the UK IPO, representing owner of earlier TM registration (So Organic Ltd) against J Sainsbury plc.
  • Cooper Crouse-Hinds (UK) Ltd -v- Index Enclosures Ltd[2012] HC12E00978 (Ch)
    Breach of confidence and design right action against ex-employees in relation to information and designs relating to explosion-proof electrical enclosures.
  • Fenchurch Law LLP -v- The Fenchurch Legal Partnership Ltd [2012] CL12P02341 (PCC)
    Instructed by claimant solicitors’ firm against another firm of solicitors in an action for passing off and registered trade mark infringement.
  • Frederic Robinson Ltd v. Maslyukov – OLD TOM Trade Mark[2012] O/399/12 (UK IPO)
    Represented brand owner in successful application before the UK IPO for a declaration to invalidate a UK trade mark registered in bad faith.
  • Ghias (t/a GRILLER) v. The Griller Original & others [2012] EWPCC 3 (PCC)
    Represented claimant fast food chain franchisor (“Griller”) in registered trade mark infringement proceedings against various defendants trading as The Griller Original, Griller King, and Griller Hut.
  • Wilkinson v. Chrysostomou [2012] 1CL70016 (PCC)
    Copyright infringement action regarding copyright in catalogue product photographs, dispute as to terms of alleged licence.
  • Dahlia Fashion Co Ltd v. Broadcast Session Ltd [2012] EWPCC 23 (PCC)
    Represented defendant clothing wholesaler and importer in proceedings for alleged UK and Community design right infringement.
  • Cerruti 1881 sas v. Johar[2012] D2012-1574 (WIPO)
    Domain name UDRP arbitration before WIPO.
  • Agatar Ltd v. Broseley Fires Ltd [2012] 2MA30023 (Ch)
    Design right and copyright infringement action relating to stoves.
  • Purple Frog Studios Ltd v. Whittles – PURPLE FROG Trade Marks[2011] O/235/11 (UK IPO)
    UK trade mark opposition proceedings before the UK IPO.
  • Superdry (DKH Retail Ltd) v. The Officers Club 1979 Ltd[2011] HC10C02871 (Ch)
    Design right and passing off proceedings relating to clothing retailers.
  • GreenThumb Ltd v. Abramson [2011] 1BM30172 (Ch)
    Action between franchisor and ex-franchisees for alleged passing off and breach of franchise agreement.
  • Melfort Pier Holidays Ltd v. The Melfort Club – MELFORT VILLAGE Trade Mark[2011] O/048/11 (AP)
    Trade mark opposition before the UK IPO and appeal to the Appointed Person regarding the registrability of an alleged geographic place name as a trade mark.
  • Estee Lauder Cosmetics Ltd v. NB Labs Ltd [2011] O/388/11 (UK IPO)
    Represented trade mark applicant NB Labs in their successful defence of their trade mark application for the mark NuBo PERFECTIONIST against opposition proceedings brought by Estee Lauder.
  • Carlisle Intangible Company v. Splash Imports (UK) Ltd[2011] HC11C02234 (Ch)
    Represented claimant brand owner in High Court Norwich Pharmacal proceeding to obtain disclosure of the identities of suppliers and importers of registered trade mark infringing products.
  • National Guild of Removers & Storers Ltd v. McKeown [2011] 0CL70116 (PCC)
    Patents County Court proceedings for alleged registered trade mark infringement and passing off, and subsequent inquiry as to damages.
  • Lakota Ltd v. Mitchells & Butlers plc & others[2010] HC10C01283 (Ch)
    Represented defendants (brand owners of All Bar One, Browns, Harvester, O’Neill’s) in High Court registered trade mark infringement and passing off proceedings.
  • Williams v. Canaries Seaschool SLU – CLUB SAIL Trade Mark [2010] RPC (32) 826 (AP)
    Appeal to the Appointed Person in trade mark opposition involving allegations of registration in bad faith.
  • Next Retail Ltd v. Hawley – NEST Trade Mark[2011] O/396/10 (UK IPO)
    Represented Next Retail Ltd before the UK IPO in trade mark opposition proceedings.
  • Baker Book Housing Co v. Amue & others [2009] (QB)
    Committal proceedings for contempt of court for alleged breach of court order in copyright infringement proceedings.
  • Getty Images (US) Inc v. JA Coles (Removal Contractors) Ltd[2009] HC09C00794 (Ch)
    Copyright infringement proceedings, online image library.
  • Amstech Contracts Ltd v. Bohannon [2009] HQ09X00640 (Ch)
    Breach of confidence and unlawful interference with a business, restraint of trade, costs
  • WR Grace & Co-Conn v. KC White Consultancy Ltd – GRACE Trade Mark[2009] O/064/09 (UK IPO)
    Trade mark opposition proceedings before UK IPO.
  • Courtesy Shoes Ltd v. Lynam – TREADSAFE, TRADESAFE Trade Marks[2009] O/005/09, O/007/09 (UK IPO)
    Trade mark opposition, cross-application for declaration of invalidity.
  • The Old Radiator Company Ltd v. Bygones Reclamation (Canterbury) Ltd[2008] HC08C02370 (Ch)
    Trade mark infringement, passing off, website, refurbished and reconditioned radiators, interim injunction.
  • Tower House Ltd v. Residual Stock Company Ltd [2008] HC08C00652 (Ch)
    Registered trade mark infringement, passing off and breach of contract proceedings, men’s clothing.
  • Kumon Educational UK Company Ltd v. Worley[2008] HQ08X00089 (QB)
    Franchise agreements, High Court action against ex-franchisee.
  • Next Retail Ltd v. Yüksel – NEXTSTAR Trade Mark[2008] O/320/08 (UK IPO)
    Represented Next Retail Ltd in successful opposition against registration of a TM for electronic apparatus.
  • Oven Clean Ltd v. Gilbert[2007] EWHC 3483 (Ch)
    Registered trade mark infringement and passing off proceedings between franchisor and ex-franchisee.
  • Citibank NV, Citicorp v. Citybond Holdings Plc – CITYBOND Trade Mark[2007] RPC (13) 301 (AP)
    Trade mark opposition proceedings before UK IPO and subsequent appeal to the Appointed Person, regarding trade mark for insurance and other financial services.
  • Hawes & Curtis Ltd v. Intrinsic International Ltd[2007] HC07C02852 (Ch)
    Registered trade mark infringement proceedings, clothing, interim injunction, interim delivery-up.
  • B4U Telecom Ltd v. T-Tech Global Mobiles Ltd [2007] 7BM40014 (Ch)
    Design right infringement and malicious falsehood proceedings, high-end mobile phones, eBay retailing.
  • Moor Spa International Ltd v. Moor At Home Ltd – MOOR SPA Trade Mark[2006] HC06C02801 (Ch)  Registered trade mark infringement and passing off proceedings, breach of directors’ fiduciary duties.
  • CP Retailing & Marketing Co Ltd v. BE Intl Foods Ltd – JADE DRAGON Trade Mark[2006] CH2006 APP 671/678 (Ch)
    Trade mark opposition, appeal to the High Court, Chinese food importation, wholesaling.
  • Mobyko Ltd v. Phonesync Ltd [2006] HC06C03420 (Ch)
    Computer source code, mobile telephone synchronisation services, interim injunction, interim delivery-up.
  • Geddes v. Dawe & Partners Ltd [2006] 5CL54190 (CCLC)
    Architectural practices, passing off proceedings, inquiry as to damages.
  • Re Compass Group Holdings Plc – GUSTO+ Trade Mark[2006] O/327/06 (AP)
    Represented appellant in successful appeal to the Appointed Person from an earlier decision of the UK IPO regarding a trade mark for retail services.
  • New Look Ltd v. Jacques Jaunet SA – NEW MAN Trade Mark[2006] O/301/06 (UK IPO)
    TM opposition proceedings before the UK IPO regarding a trade mark in the field of retail clothing.
  • NC Graphics (Cambridge) Ltd v. VI Group Plc[2005] HC03C02239 (Ch)
    Software copyright infringement action, alleged breach of software distribution agreements.

IT & Telecoms

Ian is experienced in dealing with a wide variety of IT and telecommunication issues, which also make use of his general commercial litigation and intellectual property expertise.

Recent cases

  • Dexmar Ltd v. Office for National Statistics [2016] HC-2014-000700 (Ch)
    Software copyright infringement action between software licensor and former licensee.
  • Talos Ltd v. Stackhouse Poland Ltd [2015] IP-2015-000054 (Ch)
    Action for software copyright infringement and breach of software licence.
  • Chiral Systems Ltd v. Hanlan [2013] HC13B00647 (Ch)
    Software copyright infringement action relating to dental practice management software.
  • School Sports Ltd v. School Website Ltd [2013] D000012867 (Nominet Appeal Panel)
    Appeal to the Nominet Appeal Panel in domain name arbitration proceedings.
  • Computer Software Group Ltd v. National Union of Teachers [2012] 1RG03088
    Represented the NUT in a substantial IT claim involving alleged breaches of IT contracts and alleged negligence relating to the supply of a software system to the NUT.
  • Cerruti 1881 sas v. Johar [2012] D2012-1574 (WIPO)
    Domain name UDRP arbitration proceedings before WIPO.
  • Getty Images (US) Inc v. JA Coles (Removal Contractors) Ltd[2009] HC09C00794 (Ch)
    Copyright infringement proceedings, online image library.
  • B4U Telecom Ltd v. T-Tech Global Mobiles Ltd[2007] 7BM40014 (Ch)
    Design right infringement and malicious falsehood proceedings, high-end mobile phones, eBay retailing.
  • Mobyko Ltd v. Phonesync Ltd[2006] HC06C03420 (Ch)
    Computer source code, mobile telephone synchronisation services, interim injunction, interim delivery-up.
  • NC Graphics (Cambridge) Ltd v. VI Group Plc [2005] HC03C02239 (Ch)
    High Court proceedings for software copyright infringement, breach of software distribution agreements.

Media

Ian has considerable experience of media related claims including libel, defamation, passing off, harassment and breach of confidence.

Recent work

  • Heron v. Evans [2015] HQ14D02700 (QB)
    Defamation (libel) claim regarding emails sent to property management company directors and residents.
  • Shepherd v. Gordon [2014] (QB)
    Instructed by claimant R&B/hip-hop artists Booty Luv in action against ex-manager for breach of trust and fraudulent diversion of royalties.
  • Middleton -v- Icon Books Ltd [2013] (pre-action)
    Represented defendant publishers in threatened passing off action by Pippa Middleton.
  • Martinez-Pinon v. Twitter, Inc & others [2012] HQ11X04742 (QB)
    Action against Twitter and others for Norwich Pharmacal disclosure of user details, and against the principal anonymous defendant for online defamation, harassment and breach of confidence.
  • Szentmihali v. Matsoukis [2011] HQ10D02454 (QB)
    Defamation (libel), breach of confidence and harassment proceedings, fake Facebook profiles, related criminal proceedings.
  • Riddington v. Northcliffe Media Ltd [2011] (pre-action)
    Defamation (libel), repeated libellous publications in local newspaper; instructed by claimants in pre-action proceedings; publishers printed apology and paid damages and costs.
  • Brudenell-Bruce v. Manton[2011] HQ09D05416 (QB)
    Defamation (libel), breach of confidence and harassment proceedings.
  • Jokanovic v. Care Quality Commission[2010] HC08X02212 (QB)
    Defamation (libel) proceedings, online reports, instructed by defendant Care Quality Commission.
  • Seecharan v. Malik(current) [2010] HQ05X00909 (QB)
    Defamation (libel) proceedings, letters of complaint to NHS Trust, instructed by claimant practice nurse in defamation action and subsequent enforcement proceedings.
  • Bowen-Griffith v. Home Base Ltd [2001] HQ01X03854 (QB) Defamation (slander) proceedings, instructed pro bono by RCJ CAB for the claimant

Directory recommendations

Ian is recommended for Intellectual Property in Legal 500 who note that: “he has great experience in copyright claims” and is “a good all-rounder”.

Professional associations

  • Chancery Bar Association
  • Commercial Bar Association
  • Intellectual Property Bar Association
  • Chartered Institute of Trade Mark Attorneys (Associate Member)
  • Society of Computers & Law

Qualifications

  • LL.B Law (Hons)
  • MSc (IT) (Distinction)
  • Visiting Lecturer both to the Queen Mary Intellectual Property Research Institute, London and to the Centre d’Etudes Internationales de la Propriété Industrielle (CEIPI), Strasbourg.
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