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 Kerly's Law of Trade Marks and Trade Names and The Encyclopedia of United Kingdom and European Patent Law. He was commended in Chambers UK 2008 as "a lateral and creative thinker" and "analytical and able to communicate strategy in a precise and personable manner". His clients range from large brand owners and patent holders, media corporations, record companies and publishing houses to individual rights holders and start up companies. Tom regularly advises on parallel importation issues.
Example cases/Experience: In the field of trade marks and passing off Tom recently acted for the defendant perfume house and retailers in L'Oreal v. Bellure, a case in which it was unsuccessfully alleged that the use of smell-alike perfumes constituted passing off. Both parties appealed and whilst the Claimants' appeal was dismissed, the Defendants' appeal has been stayed pending the outcome of a reference to the ECJ. Tom also acted for the successful Claimant Sky Group of companies in respect of the telemarketing passing off case, BskyB v. Satellite Direct against defendants represented by a QC. In March 2007 and January 2008 (first instance and appeal) Tom acted for the Defendants in the trade mark and more wide ranging commercial dispute between Autopaint v. Anglo-Dutch Paint, another case in which the opposing side were represented by Queen's Counsel. Tom is regularly involved for claimant or defendant in more traditional trade mark infringement and passing off disputes such as Electrocoin and Decon v. Veltek and acted for the successful claimant in the recent Klaus Kobec case in which the scope of the own name defence was considered. Tom also regularly appears in the trade mark registry. Tom also acted for the claimants in the Penguin v. Puffin case.
In the field of patents Tom recently acted for the defendant in Tamglass v. Louyang in which the availability of damages following failure to register a transfer of a patent under the Finnish law of universal succession was determined. Other reported patent cases in which Tom has appeared are Phillips v. Princo and SEB v. De'Longhi.
In the field of media and entertainment Tom acted for the defendant record companies in Coffey v. Warner Chappell case in which a songwriter's claim of copyright infringement against Madonna was struck out on the grounds that it was not permissible to cherry pick coincidental similarities between works and rely on those similarities alone as a copyright work. Tom has also obtained John Doe injunctive relief against unnamed defendants involved in counterfeiting Shrek 2 DVDs. Tom regularly advises on clearance in copyright infringement matters in respect of print, music and film media. He has also advised and acted in respect of damages inquiries relating to copyright infringement through the unauthorised exploitation and distribution of films. Tom also has experience of copyright tribunal references.
In the field of industrial design Tom acted for the defendant spare part manufacturer in the landmark design right case Dyson v. Qualtex in which the rights of manufacturers to restrain the sale of pattern parts was explored in depth. Tom is regularly involved in litigation in respect of all aspects of registered and unregistered design.