Ian Silcock

Call:1997

Introduction & Contact Details

Ian began his career as a barrister specialising in IP litigation in the legal department of The Body Shop Intl Plc. Before commencing independent practice at the bar in 2002, he worked as in-house legal counsel to a global internet and domain name consultancy, and later as technical assistant to a leading firm of patent & trade mark attorneys. In addition to his legal experience, Ian has a post-graduate degree in computer science, which he obtained with a distinction in 2001, following the award of a scholarship from the European Physics & Science Research Council in the previous year.

Ian’s practice covers all aspects of intellectual property and information technology law, including the law of patents, copyright, designs, trade marks and passing off, as well as related fields, such as franchising, media, music and entertainment law, defamation, breach of confidence, data protection, telecoms regulation and competition law. In the field of ADR, Ian has experience of acting for clients in mediation, as well as in arbitrations under the Arbitration Act 1996; he has also been instructed as an expert witness by the British Psychological Society as an expert in the field of copyright law.

Ian lectures regularly in the field of intellectual property law. He has lectured to the Boards of Appeal of the European Patent Office (EPO), the Institute of Professional Representatives before the EPO (epi) in Munich, and to the Institute of Trade Mark Attorneys (ITMA), and he is a Visiting Lecturer both to the Queen Mary Intellectual Property Research Institute, London, and to the Centre d’Etudes Internationales de la Propriété Industrielle (CEIPI), Strasbourg.

Tel:    020 7242 2523 (switchboard)
Fax:   020 7691 1234

Email: ian.silcock@hardwicke.co.uk

COMMERCIAL

Ian’s practice covers all aspects of intellectual property and information technology law, as well as the closely related fields of franchising, media & entertainment law, defamation, breach of confidence, data protection and telecoms regulation. His specialist areas include:-

• registered trade mark infringement & passing off
• copyright (particularly software copyright)
• patent infringement and validity (including software & nanotech patents)
• registered and unregistered design right infringement
• media & entertainment law
• television broadcasting & telecoms regulation
• defamation, breach of confidence, privacy, and data protection
• urgent interim injunctive applications in all of these areas

In addition to his recent contentious work, Ian is also experienced in advising upon and drafting specialist agreements and contracts within the above fields, including, in particular:-

• confidentiality and non-disclosure agreements (NDAs)
• trade mark assignments & licences
• copyright assignments & licences
• software licences (including EULAs)
• specialist software development agreements
• joint venture agreements
• TV production agreements & releases
• music business agreements
• dispute resolution & settlement agreements
• website terms, conditions & disclaimers
• website data protection & privacy notices

Ian’s recent contentious work has also included representing clients and advising in relation to:

• applications for urgent pre-broadcast interim injunctions against TV broadcasters, urgent pre-broadcast legal issues faced by TV producers, and the protection of rights in TV formats
• potential proceedings threatened by the London Organising Committee of the Olympic Games Ltd (LOCOG) against various potential defendants for their use of the mark “2012” and similar marks
• application of RIPA 2000, the Wireless Telegraphy Act 2006 and other wireless telegraphy regulation to novel Bluetooth technology, applications and business model
• architectural copyright infringements
• ownership and possession of computer source code
• uploading of copyright infringing material to FTP servers
• copyright and design right infringement by reproduction of printed circuit boards (PCBs
• intellectual property rights in online computer games
• alleged Community unregistered design right infringement by retail clothing outlet
• a claim against a major record label for unpaid royalties dating from the 1970s
• cross-border enforcement of intellectual property rights
• ownership and enforcement of intellectual property rights by various local authorities
• directors’ liabilities, liability for causing unfair prejudice to minority shareholders
• breach of confidence by misappropriation of client contact lists & sensitive price information
• enforcement of restrictive covenants against ex-employees and ex-franchisees
• complaints to the ICO in relation to unauthorised use of personal data by public authorities
• potential defamation proceedings relating to online defamation on a web-forum and blog

Full lists of the recent and significant cases in which Ian has been instructed as counsel are set out below under the relevant practice headings.

Franchising

Kumon Educational UK Company Ltd v. Worley  (2008) HQ 08 X00089 (QB)
High Court proceedings for alleged breach of franchise agreements, instructed by ex-franchisee

Oven Clean Ltd v. Gilbert  [2007] EWHC 3483 (Ch)
registered trade mark infringement and passing off proceedings in the High Court against ex-franchisee, instructed by franchisor

Intellectual Property

So Organic Ltd v. J Sainsbury plc – SO ORGANIC Trade Mark  (current) (UK IPO)
Current UK trade mark opposition and invalidity proceedings before the UK IPO, representing owner of earlier TM registration (So Organic Ltd) against J Sainsbury plc

Melfort Pier Holidays Ltd v. The Melfort Club – MELFORT VILLAGE Trade Mark  (2010) O/096/10 (UK IPO)
Trade mark opposition before the UK IPO regarding the registrability of an alleged place name as a TM

Williams v. Canaries Seaschool SLU – CLUB SAIL Trade Mark  (2010) O/074/10 (UK IPO, AP)
Represented TM applicant in appeal to the Appointed Person from decision of the UK IPO

Getty Images (US) Inc v. JA Coles (Removal Contractors) Ltd  (2009) HC 09 C00794 (Ch)
Copyright infringement proceedings, online image library

Amstech Contracts Ltd v. Bohannon  (2009) HQ 09 X00640 (Ch)
High Court claim for breach of confidence and unlawful interference with a business, restraint of trade, costs

WR Grace & Co-Conn v. KC White Consultancy Ltd – GRACE Trade Mark  (2009) O/064/09 (UK IPO)
Trade mark opposition proceedings before UK IPO

Courtesy Shoes Ltd v. Lynam – TREADSAFE, TRADESAFE Trade Marks  (2009) O/005/09, O/007/09 (UK IPO) 
Trade mark opposition, cross-application for declaration of invalidity

The Old Radiator Company Ltd v. Bygones Reclamation (Canterbury) Ltd  (2008) HC 08 C02370 (Ch)
Trade mark infringement, passing off, website, refurbished and reconditioned radiators, interim injunction

Tower House Ltd v. Residual Stock Company Ltd  (2008) HC 08 C00652 (Ch)
Registered trade mark infringement, passing off and breach of contract proceedings, men’s clothing

Kumon Educational UK Company Ltd v. Worley  (2008) HQ 08 X00089 (QB)
Franchise agreements, High Court action against ex-franchisee

Next Retail Ltd v. Yüksel – NEXTSTAR Trade Mark  (2008) O/320/08 (UK IPO)
Represented Next Retail Ltd in successful opposition against registration of a TM for electronic apparatus

Oven Clean Ltd v. Gilbert  [2007] EWHC 3483 (Ch)
Registered trade mark infringement and passing off proceedings, ex-franchisee

Citibank NV, Citicorp v. Citybond Holdings Plc – CITYBOND Trade Mark  [2007] RPC (13) 301 (AP)
Trade mark opposition proceedings before UK IPO, appeal to the Appointed Person, insurance services

Hawes & Curtis Ltd v. Intrinsic International Ltd  (2007) HC 07 C02852 (Ch)
Registered trade mark infringement proceedings, clothing, interim injunction, interim delivery-up

B4U Telecom Ltd v. T-Tech Global Mobiles Ltd  (2007) 7 BM 40014 (Ch)
Design right infringement and malicious falsehood proceedings, high-end mobile phones, eBay retailing

Moor Spa International Ltd v. Moor At Home Ltd – MOOR SPA Trade Mark  (2006) HC 06 C02801 (Ch)  Registered trade mark infringement and passing off proceedings, breach of directors’ fiduciary duties

CP Retailing & Marketing Co Ltd v. BE Intl Foods Ltd – JADE DRAGON Trade Mark  (2006) CH2006 APP 671/678 (Ch) 
Trade mark opposition, appeal to the High Court, Chinese food importation, wholesaling

Mobyko Ltd v. Phonesync Ltd  (2006) HC 06 C03420 (Ch)
Computer source code, mobile telephone synchronisation services, interim injunction, interim delivery-up

Geddes v. Dawe & Partners Ltd  (2006) 5 CL 54190 (CCLC)
Architectural practices, passing off proceedings, inquiry as to damages

Re Compass Group Holdings Plc – GUSTO+ Trade Mark  (2006) O/327/06 (AP)
Represented appellant in successful appeal to the Appointed Person from an earlier decision of the UK IPO regarding a trade mark for retail services

New Look Ltd v. Jacques Jaunet SA – NEW MAN Trade Mark  (2006) O/301/06 (UK IPO)
Represented TM applicant against New Look Ltd in TM opposition proceedings before the UK IPO regarding a trade mark in the field of retail clothing

NC Graphics (Cambridge) Ltd v. VI Group Plc  (2005) HC 03 C02239 (Ch)
High Court proceedings for software copyright infringement, breach of software distribution agreements

IT & Telecoms

Getty Images (US) Inc v. JA Coles (Removal Contractors) Ltd  (2009) HC 09 C00794 (Ch)
Copyright infringement proceedings, online image library

B4U Telecom Ltd v. T-Tech Global Mobiles Ltd  (2007) 7 BM 40014 (Ch)
Design right infringement and malicious falsehood proceedings, high-end mobile phones, eBay retailing

Mobyko Ltd v. Phonesync Ltd  (2006) HC 06 C03420 (Ch)
Computer source code, mobile telephone synchronisation services, interim injunction, interim delivery-up

NC Graphics (Cambridge) Ltd v. VI Group Plc  (2005) HC 03 C02239 (Ch)
High Court proceedings for software copyright infringement, breach of software distribution agreements

Media & Entertainment

Brudenell-Bruce v. Manton  (current) (2010) HQ 09 D 05416 (QB)
Defamation (libel), breach of confidence and harassment proceedings, emails & text messages, instructed by claimant ex-owner of Fabric nightclub

Jokanovic v. Care Quality Commission  (current) (2010) HC 08 X 02212 (QB)
Defamation (libel) proceedings, online reports, instructed by defendant Care Quality Commission

Seecharan v. Malik  (current) (2010) HQ 05 X 00909 (QB)
Defamation (libel) proceedings, letters of complaint to NHS Trust, instructed by claimant practice nurse in defamation action and subsequent enforcement proceedings

Bowen-Griffith v. Home Base Ltd  (2001) HQ 01 X03854
Defamation (slander) proceedings, instructed pro bono by RCJ CAB for the claimant