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Ashton Chantrielle

 


Year of call: 2011

Ashton Chantrielle read Chemistry and Law at the University of Bristol where she obtained a BSc Joint Honours and was called to the Bar in 2011. She appears regularly in the High Court, the Intellectual Property Enterprise Court (including the small claims track) and the IPO.

Ashton specialises in all areas of intellectual property law, such as patents, copyright, trade marks, passing off, registered and unregistered designs, as well as related areas such as contract law and breach of confidence. Ashton has also acted in a number of cases that involve aspects of competition law including Articles 101 and 102 of the TFEU. She has also provided patent related guidance in competition law cases.

Ashton has gained extensive experience in a number of highly technical mechanical and chemistry patent matters. Ashton also undertook a secondment at a large specialist IP firm where she gained valuable experience in a range of contentious and non-contentious patent matters. She has also been involved in a number of cases relating to database rights, for example in horse racing betting data and medical staff data.

Ashton has also built an extensive practice in the fashion and creative industries. Her clients include designers, such as Jimmy Choo, Liberty, AllSaints and Next, artists, musicians and recording companies. She also has a number of clients in the media and entertainment industry. Ashton regularly represents associations such as the Football Association Premier League, BT, the National Guild of Storers and Removers and music licensing companies such as Phonographic Performance Limited.

Ashton has also been involved in a number of arbitrations relating to IP and contractual disputes including a recent major international arbitration in Hong Kong relating to a contractual dispute over television format rights for a prominent Chinese production company.

Ashton has also given talks at a number of firms including Slaughter & May, SJ Berwin and Allen and Overy and has spoken at a debate for Collier Bristow. She is an editor of Russell-Clarke & Howe on Industrial Designs, Kerly’s Law of Trade Marks and Trade Names and, Laddie Prescott & Vitoria on the Modern Law of Copyright and Designs.

Ashton is fluent in French and is happy to work on cases in the French language.
 

Patents

Ashton undertakes patent work for a mixture of clients including generics and pharmaceutical companies. Ashton has worked on technologies as diverse as mechanical patents in toys and beer cooling devices and has been involved in extremely technical telephone signalling cases. Ashton was also heavily involved in pharmaceutical patent matters during her secondment at Pinsent Masons. She was also instructed in the Patents County Court (as it was then) in a case involving self-injector pens. Ashton was also involved in overviewing chemistry experiments for a large pharmaceutical patent case and has prepared expert reports for a number of patents cases.
Ashton also appears in the IPO for Patent revocation hearings.

GB2389594 Keter Plastic Ltd

Ashton is currently instructed for the patentee in a revocation hearing at the IPO. The case involves issues of obviousness and novelty.

GB2471159 Malachy Scott et al

Ashton successfully defended the patentee in a revocation hearing at the IPO. The case involved issues of obviousness, novelty, and insufficiency.
 

Copyright

Ashton has experience in all areas of copyright law, including music, fashion, websites, artistic works, television programs, computer software etc. Ashton has been involved in a number of trials during her pupillage and tenancy which involved issues of copyright infringement. Ashton regularly advises BT on copyright claims relating to the broadcast of football matches.

Ashton has also acted in Paramount Home Entertainment et al v BskyB et al, a case involving blocking injunctions against internet service providers.

Nicholas Martin v Julia Kogan (2017)

Ashton is currently involved in a copyright dispute over the rights in a screenplay for a recent major film.

The Racing Partnership v Betfred/ Ladbrokes (2017)

Ashton was instructed for the claimant in cases relating to copyright and database rights in horce racing betting data.

T & A Textiles Hosiery Limited v Hala Textile UK Limited [2015] EWHC 2888 IPEC

Ashton Chantrielle appeared for the Defendants in this action. The Claimant alleged infringement of artistic copyright in the drawings of eleven floral bed linen designs and infringement of a UK registered design in respect of packaging. The Defendants counterclaimed that the registered design was invalid and brought an action for groundless threats of proceedings for design infringement. The Defendants succeeded in defending the claim and on their counterclaim.

Martin John Coward v Phaestos Limited & Ors [2013] EWHC 1292 (Ch)

Ashton appeared as junior counsel with a team of barristers in a trial involving intellectual property rights in software that runs a hedge-fund trading platform. The case involved issues of partnership law, database rights, copyright and breach of confidence.

Taylor v Maguire [2013] EWHC 3804

Ashton represented the successful Claimant in an action for copyright infringement of papercutting works.
 

Trade marks

Ashton has a large number of clients in the trade mark field such as Harvard University and Zynga and often appears in the High Court and in the IPO on trade mark matters. Ashton also often represents clients in the Office of Harmonisation for the Internal Market (Raffles v Arosa Limited, Biona v Bionita, Mango v Mango Operations Limited, Experian v Clearscore, Brightflash v Arcadia). She has been involved in a number of parallel import cases relating to pharmaceuticals and has been involved in various interim injunction applications relating to counterfeit beauty products.

Slimming World v Asda (2017)

Ashton acted as junior counsel for the claimant, Slimming World, in a trade mark infringement and passing off case relating to slimming programs. Slimming World brought an action (including an application for an interim injunction) against ASDA who had launched a range of diet ready meals by reference to their trade marks.

Dallas Burston v Star Pharmaceuticals Ltd (2017)


Ashton acted as junior counsel for the claimant in a parallel imports case relating to importation of a pharmaceutical product into the UK.

Graze.com v Grazing (2016)

Ashton acted for Grazing in a number of revocation hearings in an lengthy dispute with graze.com, the snack food company.

Mattel Inc v JW Spear & Sons Ltd [2012] EWHC 3345 (Ch)

Ashton acted as junior counsel for the defendant in a partial summary judgment application for invalidity of the claimants' Community Trade Mark for a tile used in the claimant’s board game Scrabble.

The defendant was successful on the basis that the claimant’s tile mark did not comply with article 2 of Directive 2008/95/EC because it was not a "sign". It was simply an attempt to obtain a "perpetual monopoly on all conceivable ivory-coloured tile shapes" with letters and numbers. Moreover, the scope of the mark was not sufficiently clear, precise, intelligible or objective to attract protection.
 

Design Rights

Ashton is also experienced in the design rights field. Her clients’ designs range from garden products and wooden structures to clothing.

Christine Kendall v (1)Sarah Burton (2) Alexander McQueen (2016)


Ashton acted as junior counsel for the Claimant in a design right infringement case relating to Kate Middleton’s royal wedding dress.


Breach of Confidence


Ashton has been a junior on a number breach of confidence matters.

Competition Law

Ashton is currently involved in a number of competition law cases. Ashton has also been instructed in cases which involve competition law aspects such as FRAND undertakings and Articles 101 and 102 of the TFEU.

 

Education and Qualifications

BSC Chemistry and Law (Joint Honours), 2005 University of Bristol
Called to the Bar (2011 Lincoln’s Inn)
Accredited ADR Group Mediator
Fluent in French - International Baccalaureate Bilingual Diploma
Spanish and German (basic) 

Interests and Hobbies

Sport: Competitive sailing, horse riding, scuba diving, skiing, basketball
Hobbies: Travelling, music, dressmaking

Recent Activity

» T & A Textiles Hosiery Limited v Hala Textile UK Limited [2015] EWHC 2888 IPEC
» Manitowoc Beverage Systems Limited and Malachy Scott Sr et al BL O/019/14
» Taylor v Maguire [2013] EWHC 3804 (IPEC)
» Coward v Phaestos and ors [2013] EWHC 1292 (Ch)
» JW Spear & Sons Ltd and Mattel Inc v. Zynga [2012] EWHC 3345 (Ch)