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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. She was called to the Bar in 2011 and joined Chambers in 2012. Ashton is fluent in French and has recently been instructed to work in French. 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 technical mechanical and chemistry patent matters. Ashton also undertook a secondment at Pinsent Masons in July 2015 where she gained extensive experience in a range of contentious and non-contentious patent matters.

Ashton is also building an extensive practice in the fashion and creative industries. Her clients include artists, designers, musicians, recording companies etc. She also has a number of clients in the media and entertainment industry. Ashton represents associations such as the Football Association Premier League, the National Guild of Storers and Removers and music licensing companies such as Phonographic Performance Limited on a regular basis.

Ashton has also given talks at a number of firms including Slaughter & May, SJ Berwin and Allen and Overy.
 

Patents

Ashton has undertaken patent work for a mixture of clients including generics and pharmaceutical companies. And has worked on technologies as diverse as mechanical patents in toys and beer cooling devices and has recently been involved in extremely technical telephone signalling cases. Ashton was heavily involved in pharmaceutical patent matters during her secondment at Pinsent Masons. She has participated in a trial in the Patents County Court in a case involving self-injector pens. Ashton has also appeared in the IPO for Patent revocation hearings.

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 is currently involved in a confidential technical chemistry matter.

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

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 computer 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 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).

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


Ashton Chantrielle acted as Junior 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. Ashton is currently an editor of a practitioner’s text on design rights.

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.

 



During her pupillage, Ashton also participated in trials in the following areas – patents, copyright, trademarks, design rights and passing off.

Ifejika v Ifejika [2011] EWPCC 31

This was a case involving design rights of contact lenses cases in the Patents County Court.

Michael Mitchell v BBC [2011] EWPCC 42

A Patents County Court case involving copyright infringement of the cartoon characters in a children’s television programme called Kerwhizz.

Woolley and Timesource v Ultimate Products Ltd and Henley's Clothing Ltd [2012] EWHC 339 (Ch)

A passing off case in relation to the sale of jewellery, bags and watches under the name Henley’s. The trade mark claim had been stayed.

Barry Liversidge v Owen Mumford et al [2012] EWPCC 33

A 2 day Patents County Court case involving a patent for an auto-injector pen.

A & E Television Networks LLC et al v Discovery Communications Europe Limited

A High Court case involving a trade mark infringement claim brought by the owners of The History Channel in relation to the launch of the new history channel Discovery History.

Mattel Inc v JW Spear & Sons Ltd [2013] EWHC 109 (Ch)

Expedited trial application.
Search Orders

Attended 2 Search Order Applications – Court sitting in private.
 

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)