Trade Marks Law & Practice 2025: Shaping New Developments into Solution-Focused Advice for your Clients

Programme

1. 09:30

   Registration and coffee

2. 10:00

   Chair's Introduction

   Trade Marks Law & Practice: Shaping new developments into solution-focused advice for your clients

   Chaired by Carrollanne Lindley, Kilburn & Strode

   Carrollanne is an ‘IP Star’ for Trade Marks and one of the World’s leading 250 Women in IP. “She is quick-witted, commercially savvy, hands-on and an absolute pleasure to work with.”

3. 10:10

   Distinctive Character Arguments

   What is the latest judicial thinking on similarity of marks and distinctive character following Petsure/Vetsure and Shorts/Google, and how do you improve your clients' prospects?

   Answered by Daniel Selmi, 3 New Square

   Daniel is “a great strategic thinker and trade mark barrister - extremely switched on and clued up.” He was nominated for “Junior IP Barrister of the Year” in both 2024 and 2023.

4. 10:45

   Targeting from Abroad Insights

   Where are the grey areas on targeting UK customers from abroad following Lifestyle Equities v Amazon UK Services and where will the future challenges come from?

   Answered by Maxwell Keay, 8 New Square

   Maxwell acted in the Lifestyle Equities litigation concerning online retail and the concept of targeting. “He gives practical and pragmatic advice as well as being technically first-rate.”

5. 11:20

   Morning Coffee

6. 11:35

   Bad Faith and Sky v Skykick

   How will market practice change and how do you advise clients in light of the Sky v Skykick litigation on trademark specification, intention to use and bad faith?

   Answered by Michael Silverleaf KC, 11 South Square

   Michael “is one of the most effective trade mark barristers at the bar - he produces superb results.” “He really makes the difference between winning and losing complex cases.”

7. 12:10

   After market alterations

   In light of the AGA Rangemaster v UK Innovations decision, when can you use trade marks to sell genuine products which have undergone after market alterations?

   Answered by Iain Connor, Michelmores

   Iain is one of the UK’s foremost experts, having prosecuted many of the most high profile pieces of IP litigation through the UK courts and then to the Court of Justice of the European Union.

8. 12:45

   Overrun

9. 13:00

   Lunch

10. 13:45

    Comparative Advertising Strategies

    Against a back-drop of recent cases, what is the court's approach to using trade marks for the purpose of comparative advertising and with what implications for client advice?

    Answered by Jamie Muir Wood, Hogarth Chambers

    Jamie is “a fast-rising star, matching the very best for talent.” He appeared in the easyGroup v Netflix litigation and is an author of “A User’s Guide to Trade Marks and Passing Off.”

11. 14:20

    Liability for Third party Apps

    What counts and will sway the court over the liability for third party apps on app stores following the Samsung litigation, and how do you get your case over the line?

    Answered by Professor Mark Engelman

    Mark “goes above and beyond for his clients, getting into the deeper implications of the IP disputes he works on.” He advised Dunlop, Slazenger, The Body Shop, Specsavers and others.

12. 14:55

    Likelihood of Confusion

    How are the UK and EU diverging over the “likelihood of confusion,” e.g. ATHLETA /ATHLECIA vis a vis MONSTER/INSOMNIA, and what does the average UK consumer now look like?

    Answered by David Stone, A&O Shearman

    David “is an outstanding and exceptionally well-regarded trade mark and design litigator.” “He combines legal acumen with pragmatism” and is a former “UK IP Practitioner of the Year.”

13. 15:30

    Over-run

14. 16:00

    Close of conference