Alaina Newnes

• Acted for claimants in a dispute for breach of contract and infringement in relation to a software licence dispute.
• Advising a large multi-national parent company in relation to a claim for breaches of an exclusive distribution agreement.
• Advising in relation to an agency agreement relating to a collective licensing scheme for artistic works.
• Advised a company in respect of a potential claim for breach of confidence in connection with a competitor’s business.
• Advising in relation to a claim for breach of contract in relation to designs supplied pursuant to two royalty agreements.
• Talos Limited -v- Stackhouse Poland Limited & Anor
  Acted for the Defendants in a dispute over payment of software licence and maintenance fees.
• Arbitration
  Acted for the claimant in a copper mining dispute.
• MSG Sports & Entertainment LLC v Various
  Sole counsel in two separate successful Norwich Pharmacal applications in the High Court.
• Millen v Karen Millen Fashions Ltd
  Acted for the claimant in a claim concerning the proper interpretation of various restrictive covenants in a contract by which the claimant divested her interests in the fashion retail business bearing her name.
• Claridge Architects Limited -v- Fulstow Holdings & Ors
  Advised and acted (including at mediation) for the claimant in multi-party litigation concerning copyright infringement and quantum meruit claims relating to work done on a large commercial project.

• Commercial and Interregional Card Claims
  Instructed on behalf of Merchants in the multi-billion collective proceedings lawsuits in the CAT.
• Genius Sports Ltd v Soft Construct (Malta) Ltd
  Acted for two separate sets of defendants in a long running and complex database rights infringement case concerning live sports data rights, with a counterclaim for breach of competition law.

• Technomed Limited -v- Bluecrest Health Screening Ltd
  Represented the claimant in a dispute concerning database rights and software rights.
• Talos Limited -v- Stackhouse Poland Limited & Anor
  Acted for the Defendants in a claim concerning a dispute over payment of software licence and maintenance fees.
• Advised a client involved in the research and development of geo-engineering technology in relation to a potential breach of confidence claim.
• Acted and advised a technology company developing mobile phone apps.
• Advised the registered proprietor in a claim concerning an application made to the Technology Strategy Board.
• Advised on issues in relation to electronic marketing law and data protection in respect of a proposed marketing campaign.
• For the claimants in a dispute for breach of contract and infringement of copyright in relation to software licence dispute.

With extensive experience appearing before the UKIPO, IPEC, High Court and Court of Appeal, with a particular focus on trade mark, breach of confidence, copyright and passing off cases, Alaina is also experienced in matters concerning data protection, database rights, design right (registered and unregistered) and malicious falsehood / trade libel / comparative advertising, some of her experience includes:

UKIPO

• “FALCONWORKS” (O/0062/26)
  Acted for Dassault Aviation in an application for a declaration of invalidity.
• “RAGE OVER” (O/1203/25)
  Acted for Jaguar Land Rover Limited in opposition proceedings.
• “iPhone” BL/0781/24
  Acted for Apple Inc. applying to strike out two cancellation actions as an abuse of process.
  
• “PetTrak” O/0793/24
  Acted for Kynetec UK Limited in opposition proceedings.
  
• “The Crown Estate” (2023)
  Acted for The Crown Estate at a hearing concerning objections raised by the Examiner to registration.
• “CERAD” Case O/0922/23
  Acted for Qualsafe Limited in opposition proceedings.
• “AFTV” O/0877/23
  Acted for Total Fan TV in opposition proceedings involving cross-examination in the Registry.
• “TRIFOX” O/0524/23
  Acted for Fox Factory, Inc. in opposition and invalidation proceedings.
• “ARIA” O/0455/23
  Acted for Juno Healthcare Partners Limited in opposition proceedings.
• “TINTO PESQUERA” O/185/21
  Acted for the winemaker Alejandro Fernandez Tinto Pesquera, S.L in revocation proceedings.
• “JACK’S” (O/288/19)
  Acted for Tesco Stores Limited in opposition proceedings.
• “ROOM SEVEN” (O/055/18)
  Acted for Room Seven B.V. in opposition proceedings.
• “TIGERCAT” (O/621/17)
  Acted for Caterpillar Inc in an application for revocation.
• “CATFUEL” (O/156/17)
  Acted for Caterpillar Inc. in opposition proceedings.
• “SOVEREIGN” (O/108/16)
  Acted for The Commonwealth Mint and Philatelic Bureau Limited in opposition proceedings.
• "BULLDOG CIDER" (O/003/14)
  Acted for Bulldog Gin in opposition proceedings.
• "SUPACAT" (O/338/14)
  Acted for Caterpillar Inc. in opposition proceedings.
• “ZUBROWKA”
  Acted for Underberg AG in opposition proceedings.
• “CAT Clean Air Technology” (O/074/16)
  Acted for Caterpillar Inc. in opposition proceedings.
• “A DOG IS FOR LIFE NOT JUST FOR CHRISTMAS” (O/106/16)
  Acted for the applicant, Dog’s Trust, in a hearing concerning the Registry’s refusal to accept the applicant’s trade mark application on absolute grounds under s 3(1)(b).

Appeals to the Appointed Person

• “CERAD” (O/0328/25)
  Acted for the appellant, Qualsafe Limited, in relation to an appeal from a decision in an opposition.
• “MARQUEE” (BLO/241/22)
  Acted for the appellant, Roof Deck Entertainment LLC., in relation to an appeal from a decision in an opposition.
• “TRAVEL FOX” (O/018/17)
  Acted for the appellant, Travel Fox International Inc.
• “HOME MADE” (O/167/14)
  Acted for the Appellant, 151 Products Limited. 

IPEC

• Trustpilot A/S v Trustindex Limited
  Acted for the Defendant in a copyright and trade mark infringement case concerning online reviews.
• Battat Inc v Addo Play Limited & Anor
  Acted for the Defendants in a trade mark infringement and passing off claim.
• Christie, Flooring Yorkshire Limited & Lifestyle Flooring UK Leeds Limited v Headlam Group PLC
  Acted for the defendant in a claim for declarations of no trade mark infringement / passing off and a counterclaim for trade mark infringement / passing off.
• British Sky Broadcasting Group Plc & Ors -v- Elizabeth Mary Polding (trading as Eccleston Arms)
  Represented BskyB in hearings and applications (including assessment of costs and damages) concerning the unauthorised reception and display of Sky TV broadcasts in commercial premises.
• Amazon Europe Holding Technologies SCS -v- Kindle Entertainment Ltd & Ors
  Acted for the defendants, the producers of children’s television programmes, in a claim for trade mark infringement.
• Technomed Limited -v- Bluecrest Health Screening Ltd
  Acted for the claimant in claims concerning IP rights in a database, software and various other materials.
• Skechers USA Inc II -v- Tesco Stores Limited
  Acted for the defendants in a claim for design right infringement.
• Talos Limited -v- Stackhouse Poland Limited & Anor
  Acted for the defendants in a claim concerning a dispute over payment of software licence and maintenance fees and involving claims of copyright infringement.

High Court

• Lifestyle Equities C.V. v Sportsdirect.com Retail Ltd and Ors
  Acted for the applicants in a damages inquiry concerning the capacity of unregistered sub-licensees to recover losses under the Trade Marks Act 1994 Pt I s. 30(6).
• Wright & Wright International Investments Limited v Payward, Inc; Payward, Ltd; and Payward Ventures, Inc
  Acted for the defendants on various applications in a claim for passing off in relation to the digital asset “Bitcoin”.
• B&Q Limited v Wren Kitchens Limited
  Acted for the claimants in a claim concerning comparative advertising.
• Ladbrokes Betting and Gaming Limited & LC International Limited v Blockchain Game Partners, Inc & Gala Labs Limited
  Acted for the claimants in a claim concerning trade mark infringement.
• Easygroup Ltd v Premier Inn Hotels Limited
  Acted for the defendants in a trade mark infringement claim.
• Faun Trackway Limited v Grassform Plant Hire Limited
  Acted for the Claimant in a trade mark infringement and passing off claim.
• Glaxo Wellcome UK Limited (T/A Allen & Hanburys) v Sandoz Limited
  Acted for the claimants in relation to various applications including in relation to survey evidence and expert evidence.
• The Royal Mint Limited v The Commonwealth Mint and Philatelic Bureau Limited
  Acted for the respondent (Opponent) in an appeal to the High Court against a successful opposition to the registration of the mark “SOVEREIGN”.
• Enterprise Holdings, Inc -v- Europcar Group UK Limited & Europcar International SASU
  Acted for the defendants in a claim for trade mark infringement and passing off.
• Syniverse Technologies, LLC -v- Synverse Ltd
  Acted for the claimant in respect of a claim for infringement of Community Trade Marks.

Court of Appeal

• Glaxo Wellcome UK Limited (T/A Allen & Hanbury’s) & Anor v Sandoz Limited & Anor
  Acted for the appellants in an appeal concerning colour marks and the requirements for graphical representation.
• Glaxo Wellcome UK Limited (T/A Allen & Hanbury’s) & Anor v Sandoz Limited & Anor
  Acted for the appellants in an appeal against the refusal of permission to join two additional parties to this passing off claim.

CJEU

• Case C-461/19P All Star v EUIPO
  Acted for All Star CV in an appeal to the CJEU. The point of law concerned the extent to which the EUIPO can engage in evidence-gathering of its own motion in contested trade mark proceedings.

Other

• For the claimants in a dispute for breach of contract and infringement of copyright in relation to software licence dispute.
• Advised a premiership football club in relation to trade mark infringement and passing off.
• Advising in relation to a claim for breach of contract and/or IP infringement in relation to designs supplied pursuant two royalty agreements.
• Advised in relation to the tax consequences of assignments of unregistered trade marks.
• Advised in relation to proposed changes to s 52 Copyright, Designs and Patents Act 1988 (industrially exploited artistic designs).