Year of call: 1996

Trade Marks and Passing Off

Lindsay has appeared in many trade mark and passing off cases, including, most recently, 32Red Plc v WHG (International) Ltd, an inquiry as to damages; A&E Television Networks LLC v Discovery Communications Europe Ltd, a case about television channel names and Numatic v Qualtex, a passing off case about the shape of Henry vacuum cleaners. Other trade mark/passing off matters include UKTV v E! Entertainment (television channel names) and Phones 4u v Phone4u.co.uk (domain names). She acted for the claimant in Eddie Irvine v Talksport Ltd, where the right of celebrities to prevent false endorsement under the law of passing off was established definitively for the first time in the UK. Lindsay was also counsel for Chipie France in the Privy Council case on appeal from the Supreme Court of Mauritius, Sprints Ltd v Comptroller of Customs. She has wide ranging experience of appearing in the trade mark registry of the IPO, as well as advising in relation to OHIM proceedings. 

32Red Plc v WHG (International) Ltd (2013)

Junior Counsel for the defendant  in an inquiry  as to damages arising from trade mark infringement relating to an online casino.

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.

Numatic International Ltd v Qualtex UK Ltd [2010] RPC 25

Passing off case concerning the shape of Henry vacuum cleaners. Junior Counsel for the Defendant.

FIFA v Jules Rimet Cup Ltd (2009)

Junior counsel for FIFA in committal proceedings for breach of consent order made in a passing off case.

Cofra Holding AG v Alexander Brenninkmeijer (2008)

Application for summary judgment on the issue of bad faith in a dispute over the use of the mark CLEMENS EN AUGUST between C&A and a member of the Brenninkmeijer family. Junior counsel for the respondent.

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.

Phones4U Ltd v Phone4u.co.uk Internet Ltd [2007] RPC 5

Counsel for the respondent in the Court of Appeal (and at trial) in an action for passing off and trade mark infringement brought by Phones4U against the defendant in respect of his registration and use of phone4u.co.uk.

Harrison’s Trade Mark Application (“CHINAWHITE”) [2004] FSR 13

Appeal to the High Court from the Trade Mark Registry on bad faith. Counsel for Teton Valley.

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.

Sprints Ltd v Comptroller of Customs [2000] FSR 814

PrivyCouncil case, on appeal from the Supreme Court of Mauritius Trade mark opposition by Chipie France to application for registration of CHIPIE for clothing. Counsel for Chipie France.