Melanie Worsdall
Melanie has over 10 years’ IP experience. She specialises in brand protection and advises clients on both contentious and non-contentious matters. Her practice covers a wide range of work, including clearance of brand names, management of international filing programmes and protection of trade mark rights, dealing with day to day management of international trade mark portfolios, policing major brands, bringing and defending opposition, invalidation and cancellation proceedings, dealing with domain names disputes and general IP infringement issues. Melanie also advises on the commercialisation of intellectual property, co-branding arrangements and the IP aspects of corporate and real estate transactions. Melanie works with clients from a range of sectors, including technology, fashion and real estate.
Practice Area
Panel
- Contributing Author
2 Contributions by Melanie Worsdall
PRACTICE NOTES
Surveys and consumer evidence in UK trade mark and passing off (High Court and IPO): Whitford Guidelines, Interflora real value, permissions, experts, and unsolicited confusion
This Practice Note sets out the principal legal and practical considerations involved in deploying survey evidence and witness evidence in UK trade mark and passing off matters, in both the High Court and the UK Intellectual Property Office (IPO). It provides targeted guidance on:
factors to weigh when deciding whether a survey ought to be undertaken
selecting the survey type most suited to the circumstances
fundamental requirements to satisfy when running a survey
points to address when drafting survey questions and designing methodology
using surveys as exercises to collect witnesses and the effect of the Jackson reforms
what must be disclosed to the opposing party
formalities for expert reports supporting surveys and the expert’s role
obtaining permission to carry out a survey
use of unsolicited consumer evidence
When is a survey appropriate?
Surveys are a contentious feature of IP disputes and may prove costly and of limited assistance, so a party should thoughtfully assess the likely value of any survey and how it will be deployed before the court...
IP
PRECEDENTS
Trade Mark Coexistence Agreement (England and Wales) Precedent: territorial/class limitations, modifications, domain names, withdrawal of proceedings, mutual consents and dispute resolution
This Agreement is entered into on [ insert date ] (the Commencement Date).
Parties
[ insert name ], [ of, or a company incorporated in [ England and Wales ] with registered number [ insert registered number ] and registered office at ] [ insert address ] (Party A); and
[ insert name ], [ of, or a company incorporated in [ England and Wales ] with registered number [ insert registered number ] and registered office at ] [ insert address ] (Party B).
(Each of Party A and Party B is a party and, together, Party A and Party B are the parties).
Background
(A) Party A is the [ registered ] proprietor of certain trade marks that cover [ describe goods/services to which Party A’s trade marks relate ] as set out in Schedule 1.
(B) Party B is the [ registered ] proprietor of certain trade marks that cover [ describe goods/services to which Party A’s trade marks relate ] as set out in Schedule 1...
IP
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