Alaina specialises in intellectual property law and commercial law, encompassing both contentious and non-contentious matters. She has been involved in a number of complex cases working as part of a larger team in both the High Court and Court of Appeal, as well as advising and appearing in cases as sole counsel in proceedings in the High Court, IPEC, the IPO, the Patents County Court and in mediation.
Before coming to the bar, Alaina practised as a litigation solicitor in Australia (Blake Dawson Waldron, now Ashurst LLP) and in the UK (Freshfields Bruckhaus Deringer and TSol). She qualified as a barrister and solicitor in Western Australia in 2006. "An impressive barrister whose technical writing is really good." "She offers sensible, pragmatic advice; she speaks well and drafts clear, persuasive proceedings." (Chambers and Partners 2020, Intellectual Property)
Recent examples of Alaina’s work include (but are not limited to):
Case C-461/19P All Star v EUIPO ECLI:EU:C:2019:797
Acted (with Simon Malynicz QC) 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.
Battat Inc & Anor v Addo Play Limited & Anor IP-2019-000117
Acted (with Emma Himsworth QC) for the Defendants in a trade mark infringement and passing off claim in the Intellectual Property and Enterprise Court
MSG Sports & Entertainment LLC v various
Appeared as sole counsel in two separate successful Norwich Pharmacal applications in the High Court.
Led by a silk in Chambers, acted in a LCIA arbitration (under UNCITRAL rules) concerning a shareholders’ agreement.
Glaxo Wellcome UK Limited (T/A Allen & Hanbury’s) & Anor v Sandoz Limited & Anor  EWCA Civ 335
Led by Simon Malynicz QC, 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  EWCA Civ 227
Led by Simon Malynicz QC, acted for the Appellants in an appeal against the refusal of permission to join two additional parties to a passing off claim.
Millen v Karen Millen Fashions Ltd  FSR 7
Led by Charles Graham QC, 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.
The Royal Mint Limited v The Commonwealth Mint and Philatelic Bureau Limited  EWHC 417 (Ch)
Sole Counsel in an appeal to the High Court against a decision of the IPO.
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