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Year of Call: 1996 (Inner Temple)
Education: : LLB (hons)
Email: timludbrook@13oldsquare.com
Access: Certified under the Direct Public Access scheme
Practice Overview:
Tim is a highly experienced commercial lawyer. His practice, though broad-based, is focused principally on four key areas of law and procedure:
- Intellectual Property
- Entertainment
- Media
- Information Technology
Tim provides specialist advice, drafting and advocacy services for his clients in the UK, EU member states, the USA, Canada and elsewhere in respect of both contentious and non-contentious concerns. He acts in matters relating to, and appears in, a broad range of tribunals and jurisdictions, including: the UK IP Office; the UK High Court and Court of Appeal; OHIM; and the European Court of Justice.
Tim represents his clients at interim level, trial and on appeal. In terms of interim issues, in addition to the more commonly encountered applications, it is worthy of note that Tim has been involved in a number of significant Norwich Pharmacal contests (i.e. for pre-action disclosure against a person not a party) and matters concerning pre-emptive remedies with an interjurisdictional perspective.
Principal Practice Areas:
Intellectual Property
Tim has developed an enviable reputation in IP. He has represented his clients in a number of important matters in the UK and Europe and is known particularly for his expertise in the fields of trade marks, copyright and designs.
More specifically, Tim provides his services in relation to all aspects of:
- UK and Community Trade Marks (with a discrete expertise in relation to branding issues)
- Passing Off and European Unfair Competition provisions
- Copyright
- Registered and Unregistered UK and Community Design Rights
- Trade Secrets and other forms of Confidential Information
- Patents
- IP-related Competition and Antitrust law
Entertainment
Tim has become one of the leading practitioners in this area, having been described in the trade press (accurately) as one of four leading juniors in the field, and has been involved in a number of important recent matters. Tim’s practice has a particular emphasis on the Music business, the Film and TV arena, and Sports work.
- Discrete areas of Tim’s Music business work involve: licensing and other forms of exploitation of copyrights and brands; rights in performances; moral rights; file sharing & P2P (peer to peer); collecting society issues; and management, recording & publishing agreements.
- Tim’s Film/TV practice includes work related to: formats; pre-production; finance; production and distribution matters.
- In terms of Sports industry related matters, Tim’s expertise encompasses such key areas as: sponsorship; endorsement; merchandising; image rights; and personality rights.
Media
Tim has developed an important and significant practice in this field and is sought out for his expertise in the key areas of:
- Privacy & Confidence
- Defamation (libel, slander, malicious falsehood, trade libel)
- Image Rights
- Contempt
- Advertising (advertising standards, comparative advertising)
- Publishing
- Broadcasting
- Obscenity, Indecency, Blasphemy & Racial Hatred
Information Technology
Tim has developed a significant practice in respect of IT and other computer-related matters, particularly business concerns involving the key areas of:
- Database and software development
- Data Protection
- Domain names
- The Internet, particularly in relation to jurisdiction, ISP, business, forum and individual user difficulties
- Computer games and allied entertainment
- On-line gaming and comparable contexts
- E-commerce
- Misuse of electronic information and computer hardware
Other Practice Areas
Tim has developed a discrete expertise in relation to both European (as opposed to EC) and North American jurisprudence covering many of his primary practice areas (e.g. in relation to European, US and Canadian Trademark and Copyright provisions).
In addition, Tim has considerable experience in dealing with commercial disputes involving subject matter other than that related to IP, media, entertainment and IT, including in particular:
- Economic torts (e.g. conspiracy, unlawful interference, and intimidation)
- Trading Standards
- Commercial contractual and non-contractual obligations
- Personal property
Recent & notable work:
British Board of Film Classification v Interactive Software Federation of Europe [2009] (Chancery Division): Copyright and trade mark infringement and passing off in relation to proposed symbols to be used for the classification of computer games.
Re Tom Parker’s Trade Marks [2009] (Interim Application to the Appointed Person, Amanda Michaels): Basis and scope of discretion of the Appointed Person to reserve an appeal to herself in the face of both an application to transfer made by the Respondent and a change of position by the Appellant.
Euroinvest v BT [2009] (Chancery Division, Chief Master Weingarten): Norwich Pharmacal application in an ex-employee / IT context, involving allegations of unlawful access to email accounts and computer systems.
Atari v Opal [2008] (Chancery Division) Norwich Pharmacal application in a P2P (peer-to-peer) context involving allegations of illicit downloading of video games.
Buchan (t/a “The Exploited”) v Wondena (t/a “Dream Catcher Records”) [2008] (Chancery Division): Music contract - artist / recording company royalty accounting dispute.
Beckingham (t/a “Bobby Valentino”) v Wilson (t/a “Bobby Valentino”) & Def Jam Records [2008] (Chancery Division): Passing off, Trade Mark infringement, and breach of contract – dispute relating to UK record sales, artist’s live performances, and the nature and effect of recorded lyrics.
Dearlove (t/a “Diddy”) v Combs (t/a “Diddy”) [2008] EMLR (Chancery Division, Kitchin J): Passing off and breach of contract – whether same trade conduit / deception; whether D enjoyed rights in the UK by or under the mark DIDDY; whether a song lyric can serve to advertise goods and services; whether artist controlled material placed on websites such as YouTube and MySpace.
Omega v OHIM [2007] T-90/05 (Appeal to the European Court of First Instance): Community Trade Mark registration – likelihood of confusion (OMEGA/OMEGA)
Ontex NV v OHIM [2006] T-353/04 (Appeal to the European Court of First Instance): Community Trade Mark registration - likelihood of confusion (CURON/EURON)
Experience LLC v Purple Haze Music Ltd & another [2005] (Court of Appeal, Jacob LJ): Performers’ rights - whether Experience able to exploit certain recordings of the late Jimmy Hendrix; whether fact of a state joining EU has retrospective effect re performers rights.
Sales v Stromberg & others [2005] FSR (Chancery Division, Roger Wyand QC): Design right infringement - complementary medical device designed as jewellery; meaning of design document; commonplaceness re ‘ancient’ designs; substantiality.
Torry v Pink Floyd Music Ltd & others [2005] (Chancery Division): Copyright infringement - unpaid royalties / damages re a song recorded by Pink Floyd in 1973; joint authorship; limitation; laches; acquiescence & estoppel; competing unconscionability.
Swan v Bereta & others [2005] (Chancery Division, Rattee J): Copyright and Design right infringement - 3D greetings cards; whether works of artistic craftsmanship / articles in which design right may subsist.
Re Kraft Jacobs Suchard SA’s application [2003] (Appeal to the Appointed Person, Geoffrey Hobbs QC): Trade Mark registration - 3D triangular praline box (Toblerone); basis for the introduction of new evidence on appeal; ability of earlier ‘shape mark’ registration to ‘capture’ later application.
Re Nordic Sauna Limited’s Application [2002] ETMR (Appeal to the Appointed Person, Simon Thorley QC): Trade Mark registration - scope of term ‘geographic origin’.
Nichol v Rider [1999] WLR (Chancery division): Music contract - unreasonable restraint of trade and undue influence in a management / artist relationship.
Published Articles and Seminars
- Competing
unconscionability comes of age: January / February 2007, Commercial
Litigation Journal
- Implications of an Extension to UK Copyright Term: 22 November
2005, LexisNexus Conference, London
- Image & Personality Rights in the UK: 30 September 2005,
ITMA Autumn Conference, Barcelona
- Defamation and the Net: Where are we going? [2004] ELR, vol.
15, issue 7
- Defamation and the Net: Where are we now? [2004] ELR, vol. 15,
issue 6
- Use of Designs to Create the Brand; 5 May 2003, INTA Annual
Conference, Amsterdam
- Recent High Court decisions: 25 June 2002, ITMA London
- Daimler Chrysler v Alavi (‘the Merc case’): 23 April
2002, ITMA, London
Professional Memberships
- Intellectual Property Bar Association
- Chancery Bar Association
- International Trademark Association – Committee member
- The Intellectual Property Lawyers Organisation
- International Association of Entertainment Lawyers
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