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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.

Media and Entertainment

Chambers Directory reports that Lindsay is "very good with clients and very authoritative in court". She recently represented Paul Smith and Celador in a case about television format rights (Meakin v Celador) and MTV in a licencing dispute. In the past she has represented Eddie Irvine in Eddie Irvine v Talksport, which established for the first time in the UK the right of celebrities to prevent false endorsement under the law of passing off. Lindsay represented another high profile claimant in HRH Prince of Wales v Associated Newspapers Ltd, where she was junior counsel for the Prince of Wales in copyright infringement and breach of confidence proceedings relating to the publication in the Mail on Sunday of extracts from the prince’s journal about the handover of Hong Kong.

Wade v British Sky Broadcasting Ltd [2014] EWHC 634 (Ch)

Junior counsel for BSkyB in a breach of confidence case about television formats.

BBC v Eos (2013)

Counsel for the BBC in proceedings in the Copyright Tribunal including the first case on interim relief. Also appeared at the main substantive hearing which took place in Wales so that witnesses were able to give their evidence in Welsh with simultaneous translation.

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.

Eddie Irvine v Talksport Ltd [2003] 2 All ER 881

Appeal to the Court of Appeal on quantum awarded after passing off trial(see below). Junior counsel for Eddie Irvine.

Eddie Irvine v Talksport Ltd [2002] 2 All ER 414

Passing off trial relating to the use of a doctored photograph of Eddie Irvine on a leaflet sent to potential advertisers on Talk Radio. The case has established definitively for the first time in the UK the right of celebrities to prevent false endorsement under the law of passing off. Counsel for Eddie Irvine.

Music

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.

Broadcast

Wade v British Sky Broadcasting Ltd [2014] EWHC 634 (Ch)

Junior counsel for BSkyB in a breach of confidence case about television formats.

A&E Television Networks LLC v Discovery Communications Europe Ltd [2013] ETMR 32

Passing off and trade mark infringement trial. Junior Counsel for the Claimant.

UKTV Channel Management Ltd v E! Entertaintment Television Inc [2008] FSR 5

Counsel for the claimant in an application for an injunction/speedy trial in a case of trade mark infringement and passing off involving television channel names.

  • 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