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Practice Summary

Genevieve specialises in intellectual property law and contractual disputes.  Since joining chambers she has both assisted on and been instructed in a range of cases in the Patents Court, IPO, EUIPO, IPEC, High Court and Court of Appeal. She regularly appears in her own right in the High Court and County Courts and also has experience of acting in more general commercial disputes, including those with a technical or complex IP/IT aspect. 

Before coming to the Bar Genevieve practised as a litigation solicitor in Australia (Mallesons Stephen Jaques, which became King & Wood Mallesons).  She qualified as a barrister and solicitor in Western Australia in 2011.

EXAMPLES OF RECENT CASES

  • Intellectual Property

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    During pupillage Genevieve assisted on a range of high-profile matters including The Racing Partnership Limited & Anor v Ladbrokes Betting & Gaming Limited & Ors (with Geoffrey Hobbs QC and Guy Hollingworth) in a claim for infringement of database rights in relation to horse racing data; Mermeren Kombinat AD v Fox Marble Holdings Plc [2017] EWHC 1408 (IPEC) (14 June 2017) (with Emma Himsworth QC) in a successful claim for trade mark infringement and dismissal of a counterclaim for invalidity and revocation; Glaxosmithkline UK Limited v Wyeth Holdings LLC (with Richard Boulton QC) in a Patents Court hearing to determine the correct assessment of financial relief following a finding of patent infringement; a CIArb arbitration dispute (with Emma Himsworth QC) regarding the assignment of a trade mark under a licence; Nvidia Corporation and other companies v Hardware Labs Performance Systems Inc [2016] EWHC 3135 (Ch) (with Philip Roberts QC) in an application for summary judgment in relation to a claim for the statutory tort of groundless threats under s 21 of the Trade Marks Act 1994; assisting (with Philip Roberts QC) in an application for an interim injunction in a claim for trade mark infringement and passing off; European Polymer Products (Group) Limited v Essex & East London Van Services (trading as “Van Extras”) & Ors (with Guy Hollingworth QC) in a claim for trade mark infringement, breach of copyright and passing off; (with Guy Hollingworth) in a claim for infringement of UK copyright, infringement of EU trade marks and breach of contract in respect of the sale and distribution of video games online; Firstfind Ltd & Ors v Edward Ashley-Carter & Ors (with Andrew Lomas) in a dispute as to the ownership of various rights in the CHINAWHITE nightclub brand; and advising (with Guy Hollingworth) on what activities are permitted under a suite of licence agreements for exploitation of various trade marks. 

    Notable cases include:

    • Instructed as junior counsel (led by Emma Himsworth QC) in an appeal before the High Court on behalf of the appellant in respect of a refusal of an application for protection in the UK of two international trade mark registrations on bad faith grounds.
    • HEALTHY CHOICE Trade Mark
      Appeared before a Hearing Officer in the UKIPO in relation to a Section 3(1)(b) objection raised in respect of a trade mark application.
    • SHORTLYSTER Trade Mark
      Appeared before a Hearing Officer in the UKIPO in three consolidated oppositions brought under Sections 5(2)(b), 5(3) and 5(4)(a) on behalf of the applicant.
    • Drafted Particulars of Claim in a trade mark infringement and passing off proceeding in the real estate sector concerning a well-known development.
    • Advised in relation to potential claims of malicious falsehood, trade libel, unjustified threats and the merits of a potential counterclaim for intellectual property law infringement in the context of the development of a children’s toy line.
    • Drafted response on behalf of the applicant in opposition proceedings before the EUIPO.
    • Instructed as junior counsel (led by Philip Roberts QC) in relation to a dispute concerning the scope of activities permitted pursuant to a trade mark co-existence agreement.
    • Advising (with Richard Boulton QC) a large pharmaceutical client in a potential enquiry as to damages.
    • United States Polo Association & Anor v Mistyfied™ & Ors
      Acting (with Guy Hollingworth) for the claimants in a claim for trade mark infringement arising from the defendants’ alleged trade in counterfeit and grey goods.
    • Advising on the ownership of intellectual property rights in the context of a new AI business venture.
    • Advising on a dispute in relation to the termination of a contract for the provision of IT support and the transfer of domain names and migration of data.
    • 美心 Trade Mark
      Acting (with Guy Hollingworth) in an application to the General Court against a decision of the Cancellation Division revoking a trade mark on behalf of the applicant.
    • Advised on alleged trade mark and copyright infringements arising from the broadcasting of a television series.
    • Advised in respect of a breach of contract claim seeking assignment of domain names.
    • Booost Trading Limited v Pip & Nut Limited
      Drafted reply and appeared at CMC in IPEC trade mark infringement proceedings.
    • Blacklane GMBH -v- Blacklane Executive Cars Limited
      Appeared as sole counsel in an enquiry as to damages in IPEC (Small Claims Track).
    • Advised Adidas in relation to a potential design rights infringement dispute.
    • Advised an advertising agency in relation to a potential claim for trade mark infringement and breach of contract concerning a new product pitch.
    • Acted (with Emma Himsworth QC) in a comparative advertising dispute.
    • Acted (with Emma Himsworth QC) in an appeal to the Court of Appeal against a case management decision effectively quashing a right to appeal against a decision of the Registrar of Trade Marks.
    • BUSINESS INSIDER and INSIDER Trade Marks
      Assisted Guy Hollingworth with a procedural application objecting to an Appointed Person appearing before another Appointed Person at the appeal hearing on behalf of the applicant.
    • Advised on prospects of success of a pre-action application for disclosure and other available strategies in a contemplated copyright infringement claim.
    • Advised on use of photographs as part of public sector information available under an open licence and in particular whether use would contravene the data protection regulation.
  • Commercial Litigation

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    Before coming to the Bar Genevieve practised as a litigation solicitor in Australia (Mallesons Stephen Jaques, which became King & Wood Mallesons), where she worked on a range of commercial disputes, including complex contractual disputes in the resources sector and misrepresentation claims. In 2018 she also completed a secondment at Slaughter and May in the dispute resolution group.  Further, during pupillage, Genevieve assisted on a range of high-profile matters including a CIArb arbitration dispute between two law firms, as well as on a range of interim applications and injunctions. 

    Notable cases include:

    • Barthelemy Holdings, LLC v Duet Group Limited
      Instructed as junior counsel (led by Matthew Cook) on behalf of the defendant Duet Group Limited in a 4-week Commercial Court trial concerning alleged breaches of investments agreements financing a hotel development in Saint Barthélemy.
    • UHY Hacker Young v Herzl Havakuk
      Instructed as sole counsel on behalf of the claimant, a firm of accountants, in a claim for unpaid fees.
    • Junior counsel in relation to a dispute concerning allegations of unlawful interference and breach of confidence relating to a portfolio of a group of hotels which were put into administration following a repayment event of default.
    • Advising on a dispute in relation to the termination of a contract for the provision of IT support.
    • Ace 4 Ltd v ICF Scotland Ltd
      Appeared as sole counsel in the County Court (Small Claims Track) in relation to a successful debt claim.
    • Advised in respect of a breach of contract claim in response to a defence pleaded in bankruptcy.
    • Advised on issue of European suppliers discontinuing supply and options open to a distributor.
    • Advised on liability under a contract for payment of an introduction fee pursuant to a recruitment agency contract.
    • Advised on an application for default judgment including as to whether there had been good service of the claim outside the jurisdiction.
    • Assisted in a large disclosure exercise, including to advise on points of legal professional privilege.
  • Applications

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    During pupillage Genevieve assisted on a range of applications including Nvidia Corporation and other companies v Hardware Labs Performance Systems Inc [2016] EWHC 3135 (Ch) (with Philip Roberts QC) in an application for summary judgment in relation to a claim for the statutory tort of groundless threat; (with Philip Roberts QC) in an application for an interim injunction; Nucura Pharmaceuticals Inc v IAS Limited (t/a or otherwise known as International Antiaging Systems) & Ors (with Alaina Newnes) in an application for summary judgment concerning the identity of a contractual party and one of the defendant’s liability for procuring a breach of contract; and on Firstfind Ltd & Ors v Edward Ashley-Carter & Ors (with Andrew Lomas) in an application for default judgment in a dispute as to the ownership of various rights in the CHINAWHITE nightclub brand (additionally, Genevieve was instructed to advise on the standard disclosure undertaken by the claimants pursuant to Court order).

    Notable cases include:

    • UHY Hacker Young v Herzl Havakuk
      Appeared in successful default judgment application for a firm of accountants in a claim for unpaid fees.
    • United States Polo Association & Anor v Mistyfied™ & Ors
      Appeared in a successful application for alternative service. 
    • Kenny Norton v Bakkavor Foods Ltd
      Acted as sole counsel to successfully set aside default judgment.
    • General Mediterranean Holdings v Qucomhaps Holdings Limited & Anor
      Acted for the appellant to resist a security for costs and a security payment order in relation to an appeal in the Court of Appeal.
    • Advised on an application for default judgment in a claim for unpaid fees, including as to whether there had been good service of the claim outside the jurisdiction.
    • Advised on prospects of success of a pre-action application for disclosure and other available strategies in a contemplated claim.

Education

  • Cambridge University: Masters of Law, LLM (First) [2014-2015]
  • University of Western Australia: Bachelor of Laws with Hons, LLB (First) [2006-2010] 

Academic Achievements

  • Rob Riley Prize in Indigenous Peoples and the Law, awarded to the student with the highest mark [2010]
  • Dean's Certificate, Top Student Competition Law [2009]
  • David De Barran Cullen Prize in Mercantile Law, awarded to the student with the highest aggregate mark of 3 commercial or mercantile law units [2009]
  • LexisNexis Prize in Law, offered to the top invitees to the honours program [2009]

Professional Qualifications & Experience

  • Freshfields Bruckhaus Deringer LLP, Intern in the International Arbitration Group, Paris [Aug 2015 - Feb 2016]
  • Mallesons Stephen Jaques (which became King & Wood Mallesons), Solicitor, Perth.  Completed 3 rotations, in mergers & acquisitions (6 months), dispute resolution (6 months) and banking & finance (4 months), before settling in general corporate dispute resolution under the then Partner-in-Charge, Perth [Feb 2012 – Sep 2014]
  • Called to the Bar of Western Australia and Admitted as a Solicitor in Western Australia [Dec 2011]
  • Judicial Assistant to the Honourable Justice M L Barker, Federal Court Judge, Federal Court of Australia [Dec 2010 – Dec 2011]