Luke advises clients on all aspects of intellectual property disputes 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.
"It's not always easy, even for very bright people, to pick out what matters from a mass of technical information in a field that's not their specialism, and Luke understood all the various elements."
- Advising a leading automotive manufacturer in respect of alleged breach of confidence, unregistered design right and copyright infringement from a competing tier one supplier.
- 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) – “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. 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.
"Rhys Jarman and associate Luke Moulton have provided us with such clear advice. They are a pleasure to deal with and really care deeply about what they do on our behalf"
- 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.
Trade marks (and passing off)
- 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.
- 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.
Media and entertainment (including online, mobile and video games)
- 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.