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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.

Practice:

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.

Other

Confidential Information

Vestergaard Frandsen v Bestnet

Counsel for the successful Claimants in a complex trade secrets case heard over 14 days concerning the manufacture of insecticidal mosquito nets.


 Coleman v GoGas & Oakes*

Junior Counsel for the Defendant. Alleged misuse of confidential information and breach of fiduciary duties by former director of the Claimant. At trial, only the person defendant (the director) remained, the corporate defendant having entered administrative receivership. Further evidence introduced by Claimant between trial and judgment.

Inquiries as to Damages/Accounts of Profits

Pakistan TV v Asia TV

Copyright inquiry as to damages. Royalty rates and licence terms in Asian serials and films shown on pay channels in the UK and globally.

Coleman v Oakes

Accounts of profits and inquiries as to damages in breach of fiduciary duty claim. Setting up in competition while still a director of company.

Miscellaneous

BSW v Balltec *

Pre Action disclosure application concerning oil industry equipment.

Lawson & News America v Hill

Counsel for claimants. Civil action under the Protection from Harassment act 1997 relating to the sending of “flame” emails (containing death threats) and computer viruses from UK to the United States. Found to be actionable in the UK. Further relied upon the moral right not to be misidentified as the author of another’s work to prevent the defendant from impersonating the claimant in Internet chat rooms and provoking others to send viruses to the claimant.

Viskase Ltd & anr v Paul Kiefel GmbH*

Counsel for claimant. Manufacturing/supply agreement between German manufacturer and UK customer. Machines not fit for purpose stated. Issue as to whether German defendant entitled to be sued in Germany and as to the place of performance of the obligation to supply machines fit for purpose. Questions as to jurisdiction pursuant to Brussels Convention Art 5(1).

  • 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 dereved 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