8 NEW SQUARE

020 7405 4321

Jessie Bowhill

 


Year of call: 2003

Described in the Directories as “a fierce advocate who is very intelligent, straight-talking and no-nonsent” Jessie specialises in all areas of intellectual property law, with a particular emphasis on the law of trade marks and passing off, copyright, design right, and breach of confidence.

Jessie’s considerable expertise as a classical pianist gives her the edge in musical copyright cases and she has become the go-to Junior in this area of law. High profile music cases include Fisher v Brooker, a case concerning ownership of the musical copyright in the 1967 hit song “A Whiter Shade of Pale” where Jessie appeared in the Court of Appeal and the House of Lords (as it then was) for Gary Brooker and his record company; and Peer Music v Termidor & Editoria Musica de Cuba, a case concerning the rights to the compositions of various well-known Cuban composers and, in particular, the ownership of the reversionary interests. Jessie is currently representing an internationally renowned singer/songwriter in a major copyright dispute involving one of the biggest British hit songs from the late 1970s. As well as musicians, Jessie also regularly represents broadcasters, film makers, production companies, publishers, academics, artists and well known individuals in copyright and related claims more widely. A recent example includes acting for ITV in a claim relating to liability for on-line streaming of free-to-air tv broadcasts and the interpretation of “communication to the public” (ITV v TV Catchup).

Jessie has extensive experience of copyright disputes relating to television formats having acted for among others Simon Cowell in the Pop Idol/ X factor litigation, and ITV in a claim relating to the format of "The Only Way is Essex"("TOWIE"). Jessie has appeared in Geneva under the new WIPO Mediation and Expedited Arbitration Rules for Film and Media.

Other recent copyright trials of significance include Mitchell v British Broadcasting Corporation, where Jessie appeared as sole Counsel for the BBC in a dispute over the designs for a group of characters in the animated children’s TV programme "Kerwhizz"; and University of Southampton & Howlett v Mohtasham, a three week harassment and malicious falsehood trial arising out of allegations of copyright infringement made against leading academics in the field of nuclear non-proliferation.

Jessie has an extensive trade marks practice, appearing regularly in the Trade Marks Registry and appeals to the Appointed Person, as well as in appeals to the General Court. Clients have included BskyB, VISA, The Union, the proprietors of the ZARA clothing brand, the National Academy of Recording Arts and Sciences, the proprietors of the FABERGE brand, Sony, Burberry, Monsoon, Barclays, Virgin and B&Q. Recent trials of note include Supreme Petfoods Ltd v Henry Bell (Grantham) Ltd, a 5 day trade mark infringement and passing off trial in the High Court relating to pet food, where Jessie appeared as sole Counsel for the successful Defendant. Other recent trade mark trials include W3 v EasyGroup Ltd (a case involving the famous EASY marks);NOCN v OCN Credit4Learning (a case involving education charities); IPC v Media 10, a trade mark trial concerning concurrent rights, and Fine & Country Ltd & Ors v Okotoks Ltd & Ors where Jessie acted for a chain of well known estate agents in a two week trial in the High Court.

In the field of designs Jessie recently won a convincing victory for the Claimant as sole counsel in a trial concerning the designs of plastic lockers (Action Storage v Fletcher Europe). The Judgment is notable for the Judge’s recommendation that future litigants in design right cases adopt comparative design charts similar to those devised by Jessie for her Closing. Other design right cases have covered designer clothing, footwear, bottles, airline seats, plastic salad bowls, machinery for making pizzas, fan coil units, conservatories and a straw for turning milk into flavoured milk upon use.

Patent highlights include appearing before the House of Lords in Conor v Angiotech, where she acted for the comptroller in the patentee's appeal against the revocation of a patent relating to taxol-coated stents for the treatment of restenosis. In further patent highlights she acted in an entitlement action in the field of gas injection moulding - a complex case that had been ongoing for 20 years and raised issues such as res judicata, limitation, breach of confidence, fraud and perjury (Cinpres v Melea). Jessie was successful in that case in obtaining worldwide freezing injunctions against the defendant and third parties, acting as sole Counsel. Jessie has experience of the Irish High Court, having appeared in a two-week patent infringement trial concerning Lipitor, the world's largest selling pharmaceutical (Ranbaxy Laboratories Limited v Warner Lambert Company).

Jessie appears regularly in the applications court and is experienced in obtaining without notice search orders and freezing orders, including orders against persons unknown ("John Doe" Orders).

Trade Marks and Passing Off

Highlights include W3 v EasyGroup Ltd, a 10 day High Court trial concerning the famous EASY marks; Supreme Petfoods Ltd v Henry Bell ( Grantham) Ltd, a 5 day High Court trial concerning pet food;Julius Samann Ltd & Others v Tetrosyl Limited, a trade mark infringement and passing off trial concerning the well-known Magic Tree air freshener (Judgment available). Jessie also acted in GAP v Gap Sports and others, a case concerning the well-known high street retailer. Other cases of interest include Danfoss Randall Limited v Persons Unknown which was unusual in as far as it related to identity theft involving trade mark infringement and passing off. She recently acted for a well-known chain of estate agents in a two week trade mark and passing off trial in the High Court (Fine & Country v Okotoks, Judgment available), and for Media 10 in a trial concerning the IDEAL HOME SHOW and the IDEAL HOME magazine (Judgment available)


W3 v EasyGroup Ltd* (2017)

Complex trade mark dispute concerning the EASY marks which culminated in a two week High Court trial infrong of Arnold J. Judgment is awaited.

NOCN* v OCN Credit4Learning
[2015] EWHC 2667 (IPEC)

IPEC trial concerning educational charities and the distinctiveness and ownership of various marks used by members of the NOCN over the course of the last two decades. NOCN alleged infringement of various registered trade marks and passing off, while the Defendant counterclaimed for revocation of the marks. The validity of the majority of its registered marks was upheld and NOCN was awarded an injunction against the Defendant. (Judgment available)

Supreme Petfoods Ltd v Henry Bell (Grantham) Ltd* [2015] EWHC 256 (Ch)

This was a 5 day trade mark infringement and passing off trial in the High Court before Arnold J where Jessie acted as sole Counsel for the Defendant. The claim concerned the use by the Defendant of the word SUPREME in relation to pet food and raised the issues of concurrent rights, use of a descriptive indication in accordance with honest business practices, and validity of laudatory Marks. Judgment available here.

IPC Media Ltd v Media 10*
[2013]EWHC 3796 (IPEC)

Trade mark infringement trial relating to the IDEAL HOME trade marks and their use in relation to the claimant’s IDEAL HOME magazine and the defendant's IDEAL HOME SHOW. Judgment available.

Fine & Country Ltd & Ors v Okotoks Ltd* & Ors [2012] EWCH 2230 (Ch)

Two week trade mark infringement and passing off trial in the High Court concerning rival estate agent businesses. The trial raised issues such as survey evidence, joint liability, and validity of the registered marks. Judgment available

Faberge Ltd* v The Uri Group and others (2010 – 2011)

Trade mark infringement and passing off case concerning the famous FABERGE brand in which Jessie obtained Summary Judgment for the claimant acting as sole counsel.

GTA v Ozultan* (2010)

Trade mark infringement and passing off claim concerning the online travel industry.

Mr Cod Franchise Ltd* v Mr Cod + Ltd (2009)

Trade mark infringement and passing off claim against an ex-franchisee in the field of fish and chip shops.

GAP v Gap Sports and others* (2007)

Trade mark infringement and passing off action in the High Court.

Land Securities Trading Limited v Ebbsfleet International Station Limited* (2007)

Action for trade mark revocation for non use and invalidity based on earlier rights.

Danfoss Randall Limited* v Persons Unknown (November 2006)

Without notice application for urgent interim relief, including a search order, injunctions and preservation orders, against Respondents whose precise identity was unknown. The case is an unusual one of identity theft involving trade mark infringement and passing off, on a potentially enormous scale.

O2* v Landmark (2005-2007)

Trade mark infringement, passing off and breach of undertakings arising out of calls placed by Landmark’s telesales staff to O2 customers.

Julius Samann Ltd* & Others v Tetrosyl Limited [2006] FSR 42

Trade Mark and passing off dispute concerning the well known Magic Tree air freshener and other tree-shaped air fresheners.

ICC Arbitration

Two-week arbitration in Paris arising out of a trade mark license agreement. The case primarily concerned the law of contract including contractual interpretation, misrepresentation, breach of contract, termination, affirmation and rectification, but dealt in detail with factual issues such as the commercial value of a company’s brand and the distinction between brand image and brand awareness.


Numerous matters in the Trade Mark Registry, the Appointed Person and the General Court e.g. MEDICARE (0/298/11); SMARTBOOK (0/297/11); ZARA TOURS (0/248/11); FREEITY (0/139/11); ALFA BANK (0/113/11); TAU CAPITAL (0/101/11); LOVE JOES (0/056/11); ATROLAWN (0/001/11); ACTIVE KIDS (0/303/10); TOURIST TROPHY (0/082/10); SKYKID (0/311/09); Mediaguard (0/037/08); LOVE JOES (O/056/11).

  • What the Directories Say
  • "She provides really objective advice and has a great attention to detail." "She is a fierce advocate who is very intelligent, straight-talking and no-nonsense"
    Chambers & Partners (Intellectual Property) 2017

    "She prepares thoroughly and is good with clients."
    Legal 500 (Intellectual property) 2017

    "Good with clients and user-friendly"
    Legal 500 (Media and entertainment) 2017

    "Recommended for disputes involving the film, television and publishing industries"
    Legal 500 (Media and entertainment) 2016

    "An accomplished all-rounder with regard to IP matters, whose practical bent was remarked upon by a number of sources. She is particuarly well thought of for copyright, trade mark and passing-off disputes"
    Chambers & Partners (Intellectual Property) 2016

    "Offers no-nonsense commercial advice." "She is extremely knowledgeable and nothing is too much trouble"
    Chambers & Partners (Intellectual Property) 2016

    "Highly experienced in matters involving music, television and film"
    Legal 500 (Media and entertainment) 2015

    "Singled out for her expertise in copyright matters"
    Legal 500 (Intellectual property) 2015

    Best known for her representations in high-profile media and entertainment copyright cases. She also has an extensive practice in trade marks, designs and patents. "Very thorough, responsive and good with clients.”
    Chambers & Partners (Intellectual Property) 2015

    The “responsive and helpful” Jessie Bowhill is racking up an impressive track record before the High Court and national trademark registry, with a sizeable copyrights practice to boot, particularly in the music industry.
    World Trademark Review 2015