Luke is an experienced intellectual property lawyer advising clients on disputes relating to their intellectual property rights (IPRs) including the ownership and/or misuse of IPRs. He also advises SMEs and large corporates in respect of technology contract disputes, particularly those arising from IT outsourcing contracts.
Luke has particular experience of acting for clients in the following sectors:
- advanced manufacturing & engineering;
- technology; and
- media & entertainment (including mobile, online and video games).
He represents clients in court proceedings and other dispute resolution routes. Together with non-contentious intellectual property colleagues, Luke also advises clients on protecting and commercially exploiting IPRs.
- Advising a leading automotive manufacturer in respect of alleged breach of confidence, unregistered design right and copyright infringement from a competing tier one supplier to an original equipment manufacturer (OEM), arising from co-production within the OEM’s facility.
- Advising a video game company in relation to alleged breach of confidence by a former employee.
- Advising a software supplier in respect of an alleged breach of confidence and copyright infringement by a former employee.
- Defending High Court proceedings relating to alleged infringement of copyright in software. Settled before trial.
- Assisting in relation to a high profile photographic copyright dispute in the Patents County Court (PCC) (now the Intellectual Property Enterprise Court (IPEC)) – “The Red Bus Case” (reported). Settled before Appeal.
- Acted for various professional photographers in copyright infringement claims, including acting in several IPEC proceedings relating to such infringement.
- Advising a marketing agency in respect of a copyright infringement/breach of contract claim connected to a former customers’ use of works created by the marketing agency.
- Advising a furniture importer on changing copyright protection for works of artistic craftsmanship and the possible impacts on its business of reproducing designer furniture.
- Acting in IPEC proceedings relating to the alleged infringement of a registered design relating to a wheelchair. Settled before trial.
- Acting for a leading designer in respect of unregistered and registered design infringement claims in respect of various parties in the supply chain of consumer furniture products, including the importers and retailers of the infringing products. This related to 4 of the client’s leading products, representing a significant proportion of the client’s business. These matters also included allegations of copyright infringement and passing off.
- Acting for a leading lighting supplier to pursue unregistered UK and EU design infringement claims in respect of a copycat product imported and sold by a major high street store.
- Advising on alleged patent infringement relating to audio-watermarking of sound recordings.
- Applied for summary judgment and security for costs in respect of a patent infringement claim in the PCC relating to patented technology used in double glazing units. Settled before hearing.
- Advising on a cross-border patent dispute relating to a household product.
- Advising an inventor in relation to a contractual dispute relating to the inventor’s entitlement to license fees under a patent licence.
- Advising a leading advanced manufacturer on a multi-jurisdictional dispute concerning the ownership and rights to exploit a brand associated with one of its key products worldwide.
- Advising a leading manufacturer on a multi-jurisdictional dispute as to the ownership and right to exploit a brand applied to a market leading consumer product. This matter involves a complex factual background as to the chain of ownership of the relevant goodwill and trade marks, including complex licensing and assignment history between the parties in dispute.
- Advising a brand leading franchising company in relation to various trade mark infringement and passing off claims.
- Acting in UK and EU trade mark opposition proceedings (as applicant or opponent) for clients ranging from software application developers to a snack distributor.
- Acted in various registrations of UK trade marks.
- Acting for a record producer in connection with a £multi-million royalty dispute.
- Advising an application developer in respect of potential liability for user generated content.
- Advising various mobile game developers on copyright & trade mark issues.
- Advising a gaming company in relation to alleged breach of confidence by a former employee.
- Assisting a leading software supplier on a £multi-million dispute concerning the implementation of an enterprise resource planning system for a local authority.
- Advising a leading automotive manufacturer in respect of the design, implementation and commissioning of an advanced manufacturing facility.
- Advising on a contractual dispute arising from the failed implementation of technology at more than 200 of the client’s sites across the UK.
- Temple Island Collections Limited v New English Teas  EWPCC 1 (“The Red Bus Case”) - Luke assisted on this high profile photographic copyright dispute.
- Jason Sheldon v Daybrook House Promotions Limited  EWPCC 26 - Luke assisted in relation to this paper determination of a preliminary issue concerning the extent of use by Daybrook House Promotions Limited (“Daybrook House”) of an exclusive photograph of Ke$ha and LMFAO and the appropriate fee for such use should Daybrook House be found to have infringed Mr Sheldon's copyright. The court determined this to be £5,682.37, a sum some 38 times higher than Daybrook House’s valuation.
- Atos IT Services UK Limited v Above.com Domain Privacy / Nish Patel D2013-0655 – Luke assisted with a complaint to the World Intellectual Property Organisation’ Arbitration and Mediation Centre. Succeeded in obtaining an order that the domain name redspottedhankie.com be transferred from the respondent to our client.