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Lindsay Lane

 


Year of call: 1996

Lindsay Lane read Natural Sciences and Law at Cambridge. She practises in all areas of intellectual property law including patents, trade marks, copyright, database rights, registered designs, design right, passing off and confidential information and in media and entertainment law. She is recommended in the Legal 500 and in Chambers and Partners for both intellectual property and media and entertainment.

Recent notable cases include the patent cases Accord v Medac and Generics v Richter Gedeon; Wade v BSkyB, a television format case; BBC v Eos, in the Copyright Tribunal and numerous cases brought on behalf of the Premier League for copyright infringement.

Other cases of note include Schutz v Werit in the Supreme Court, a patent case about making/repair; Phones 4u v Phone4u.co.uk in the Court of Appeal on trade mark infringement and passing off; Prince of Wales v Associated Newspapers, an action for copyright and breach of confidence relating to the publication of extracts from the Prince's diaries in the Mail on Sunday, and Eddie Irvine v Talksport, which established for the first time in the United Kingdom the right of celebrities to prevent false endorsement under the law of passing off. Lindsay has particular expertise in rights in databases having been instructed in BHB v William Hill and the various cases concerning rights in football-related data brought by Football Dataco.  

Lindsay is also co-author of Laddie, Prescott and Vitoria on The Modern Law of Copyright and Designs.

Copyright, Database Rights and Design Rights

Highlights of Lindsay’s work in copyright include Football Dataco v Brittens Pools, the first case in the UK about database copyright which resulted in a reference to the CJEU, HRH Prince of Wales v Associated Newspapers Ltd, where she was junior counsel for the Prince of Wales in a case concerning the publication in the Mail on Sunday of extracts from his journal about the handover of Hong Kong; Robin Ray v Classic FM PLC, a leading authority on implied terms in licences and assignments of copyright; and Mackie Designs Inc. v Behringer Specialised Studio Equipment (UK) Ltd (circuit diagrams). Lindsay also has experience in the Copyright Tribunal, most recently in BBC v Eos, in which she appeared alone for the BBC in their application for interim relief and at the main substantive hearing.

Lindsay considers rights in databases a particular specialism. She appeared as junior counsel for the BHB in The British Horseracing Board Ltd v William Hill Organization Ltd, the main authority on database right infringement and acted for Football Dataco and the Football Leagues in relation to various proceedings concerning the rights arising in football fixture lists and live data from football matches. She also acts for the Premier League in numerous actions against publications to enforce copyright in the premier league's logos.

Football Association Premier League v Luxton [2014] EWHC 253 (Ch)

Junior Counsel for the Premier League in an application for summary judgment to prevent a publican from communicating Premier League logos to the public via television screens.

Nintendo Co Ltd v PC Box Srl [2014] ECDR 6

Junior counsel for Nintendo in a reference to the CJEU from the Milan District Court relating to copyright circumvention devices.

Lilley v Chartered Institute of Management Accounts [2014] EWHC 2364 (Ch) and [2013] EWHC 1354 (Ch)

Successfully defended CIMA against proceedings for copyright infringement brought by a litigant in person.

Football Dataco Ltd v Sportradar/Stan James [2013] FSR 30, [2013] FSR 1 (and others)

Junior Counsel for the Claimant at trial, on appeal and in the CJEU in extensive litigation concerning whether rights subsist in football fixtures and in live data from football matches. Trial on joint liability for database right infringement in live data from football matches.

.HRH Prince of Wales v Associated Newspapers Ltd [2007] 3 WLR 222

Junior counsel for the Prince of Wales in proceedings for copyright infringement and breach of
confidence arising from the publication of extracts from the Prince’s journal about the handover of Hong Kong in the Mail on Sunday.

The British Horseracing Board Ltd v William Hill Organization Ltd [2005] RPC 13

Junior Counsel for the BHB in the first case referred to the CJEU on database right infringement.

Grewel and Elfenbein v Hairflair Magazines Ltd (2005)

Trial in the Patents County Court concerning copyright infringement in a song and sound recording. Counsel for Hairflair.

Mackie Designs Inc. v Behringer Specialised Studio Equipment (UK) Ltd. [1999] RPC 717

Application for summary judgment on a point of law: whether there was a defence available under s 51 of the CDPA in a case of alleged infringement of copyright in circuit diagrams. Junior counsel for Mackie Designs.

Robin Ray v Classic FM PLC [1998] FSR 622

Copyright infringement trial relating to a classical music catalogue commissioned for Classic FM. Case concerned whether the database was a work of joint authorship, whether it was produced pursuant to a contract of employment and whether the defendant had an implied assignment or licence. Junior counsel for Robin Ray.

  • What the Directories Say
  • "She is an experienced counsel with a comprehensive and detailed knowledge of copyright law." "She has a very clear approach and is good at cutting through to what really matters"
    Chambers & Partners (Intellectual Property) 2017

    "Clever and efficient and delivers pragmatic advice"
    Chambers & Partners (Media and Entertainment) 2017

    "She is good to work with and has an impressive commercial approach."
    Legal 500 (Intellectual property) 2017

    "She really thinks about achieving the clients commercial goals in terms of timing and strategy."
    Legal 500 (Media and entertainment) 2017

    "Known for television copyright matters"
    Legal 500 (Media and entertainment) 2016

    "Very good for IPEC trials"
    Legal 500 (Intellectual property) 2016

    "Her advice was very helpful and very constructive." "She's an effective advocate and can drive the point home when she needs to"
    Chambers & Partners (Media and Entertainment) 2016

    "Composed, confident and practical, she's a persuasive advocate." "Very good under fire and gets the ear of the tribunal"
    Chambers & Partners (Intellectual Property) 2016

    "She has an excellent grasp of procedural and technical issues"
    Legal 500 (Intellectual property) 2015

    "Very smart and very tough. She is persistent in her advocacy, very commercial and great with clients" "She's sharp-witted and highly responsive" 
    Chambers & Partners (Media and Entertainment) 2015

    "Clients are very impressed by her personable manner and commercial outlook"
    Chambers & Partners (Intellectual Property) 2015