020 7405 4321

Tom Moody-Stuart QC


Year of call: 1995
Year of silk: 2016

Tom Moody-Stuart was called to the bar in 1995. A member of Middle Temple, he was awarded a Queen Mother Fund Scholarship in 1994. He took a first class degree in Natural Sciences from Cambridge University specialising in microbiology, genetics and the history and philosophy of science and is a scholar of Gonville & Caius College.


Tom's practice covers all aspects of Intellectual Property, Media and Entertainment and Information Technology law. He is co-author of The Encyclopaedia of United Kingdom and European Patent Law and Kerly's Law of Trade Marks and Trade Names. Comments in Chambers UK 2015 refer to a “magisterial command of trade mark and patent law, who has expertise on copyright and parallel trade issues.” and say that he “offers commercial and pragmatic advice, and has a good rapport with clients."

Example cases/Recent experience:

Tom recently represented Gilead as junior counsel in the dispute with Idenix concerning the launch of Sovaldi®, Gilead’s ground breaking hepatitis C treatment. An expedited trial brought to court in October 2014 after only 7 months, Gilead successfully invalidated the patent in suit and on grounds of insufficiency (on both classical and “plausibility” bases) and “AgrEvo” obviousness, as well as an anticipation attack which required resolution of complex chain of title issues under US law for the purposes of determining Gilead’s entitlement to priority in the prior art relied upon.The appeal was heard in the Court of Appeal in July 2016; judgment awaited.

Tom represented the Hearst Corporation and Fleischer Studios in their dispute with Avela Inc, successfully protecting the former’s merchandising and licensing trade in respect of the character Betty Boop, relying on trade mark and passing off rights rather than copyright in the character.

Tom acted for Vestergaard Frandsen in the landmark confidential information case Vestergaard Frandsen v Bestnet both in respect of the liability trial and appeals and in the recent inquiry as to damages.

Tom has acted in numerous cases concerning Norwich Pharmacal relief including RFU v Viagogo in the Supreme Court. He advises both ISPs and content providers, and is regularly consulted by film companies

Tom has appeared before the CJEU and General Court in trade mark matters.

Design Rights

Dyson v Qualtex*

One of the most important Court of Appeal authorities on design right of recent years. Manufacture of copy spare parts for vacuum cleaners. Junior counsel for the defendant

Baby Dan v Brevi*

One of the earlier design right actions. Design right in gates for preventing babies from falling down stairs. Detailed argument as to extent of must fit/must match exclusion in design right actions, in particular in relation to the interface between articles which form part of a larger article. Junior Counsel for the defendant.

Frayling Furniture Ltd v Premier Upholstery Ltd

Design right action concerning copied furniture designs. Dispute between furniture manufacturers, with the designer of the infringing designs joined as a third party. Junior counsel for the Third Party. Issues as to knowledge of copying and must fit/must match exclusion. Issues as to consequence of warrantees to be implied into licence granted to manufacturer by designer.

  • What the Directories Say
  • "He is very quick on the uptake, able to provide very comprehensive advice and makes great suggestions on how to proceed." "He is very good on the strategy. He's a street fighter and is good for bad-tempered squabbles."
    Chambers & Partners (Intellectual Property) 2017

    "He has an impressive grasp of the detail in a case"
    Chambers & Partners (Information technology)) 2017

    "He is very good and definitely deserved to take silk"
    Chambers & Partners (Media & Entertainment) 2017

    "He has exceptional technical skills and is a master strategist."
    Legal 500 (Intellectual Property) 2017

    "Very knowledgeable on trade mark and copyright matters"
    Legal 500 (Intellectual Property) 2016

    "He's impressive, has good manners and a good logical mind." "He is intelligent, charming, easy to work with and knows his stuff"
    Chambers & Partners (Media & Entertainment) 2016

    "He is great to work with, as he rolls his sleeves up and gets on with it. He also gets on very well with the clients"
    Chambers & Partners (Information technology)) 2016

    "If you can get him, he is first-rate. He's technically excellent but also very commercial" "He's really quite impressive and a thoroughly nice guy"
    Chambers & Partners (Intellectual Property) 2016

    "A good team player who provides sound, no-nonsense advice"
    Legal 500 (Intellectual Property) 2015

    "Offers commercial and pragmatic advice, and has a good rapport with clients" " He's very impressive and very enthusiastic in the way he goes about his work" 
    Chambers & Partners (Media & Entertainment) 2015

    " An effective, very thorough advocate who is able to grasp the main points in a case" " Very calm and considered, he is not prone to hyperbole or overstating his points and is popular with clients and judges" 
    Chambers & Partners (Information technology)) 2015

    " He's very bright and has an excellent hands-on style" 
    Chambers & Partners (Intellectual Property) 2015