James Mellor QC

CALL: 1986 | SILK: 2006

James Mellor QC was called to the Bar in 1986, having emerged from two periods at King’s College, Cambridge studying Engineering and then Law (1st).  As an engineer he worked in the UK and in many countries abroad.

James has a wide-ranging practice covering all areas of IP but also contract cases with an IP or technical element.  He is comfortable in all areas of technology and all tribunals.  He has significant experience in the CJEU and some in General Court proceedings.

  • Experience

    Patents & SPCs

    Copyright & Databases

    • BBC v PRS (ITV intervening): copyright Tribunal reference 2017-8 – settled.
    • 77M v Ordnance Survey [2017] EWHC 1501 IPEC: initial refusal to transfer substantial copyright and database right case involving mapping and address data. Case subsequently transferred by consent and ongoing.
    • England & Wales Cricket Board v Fanatix [2016] EWHC 575: whether it was fair dealing to host consumer uploads of 8 second clips of cricket matches on a social media platform.
    • ITV v TV CatchUp [2015] EWCA 204: second reference to the CJEU in relation to TV streaming service. Copyright in broadcasts.
    • Football DataCo v Stan James [2014] EWHC 504, [2013] EWCA 27: infringement of database right in football match live data.
    • PRS v B4U [2013] EWCA 1236: interpretation of composer’s assignment
    • FAPL v QC Leisure [2012] EWCA 1708: whether s.72 of the CDPA could be interpreted as conforming to EU Law, following the CJEU judgment on communication to the public.

    Trade marks & Brands

    • Argos v Argos Systems Inc [2018] EWCA 2211: infringement of UK trade marks through Google advertising targeted at UK consumers.
    • Karen Millen v Karen Millen Fashions [2016] EWHC 2104: interpretation of a business sale agreement and breaches thereof.
    • JW Spear & Mattel Inc v Zynga Inc [2015] EWCA 1175 SCRABBLE vs SCRAMBLE.
    • IPC Media v Media 10 [2014] EWCA 1439: honest concurrent use of ‘Ideal Home’ for magazines and exhibitions.
    • Specsavers v Asda [2014] EWCA 1294: final judgment following CJEU reference.

    Design Rights

    • PulseOn v Garmin [2018] EWHC 47: RCD claim concerning wrist heart rate monitoring devices.

    Trade Secrets & Confidentiality

    • Force India v Aerolab [2013] EWCA 780: aerodynamic design of a Formula One car.
    • Heraeus v Biomet: ongoing dispute over trade secrets relating to formulations of bone cements.

    IT & Telecoms Disputes

    Jurisdiction & Remedies

    • Parainen Pearl Shipping v KGJS [2017] EWHC 2570: scope of UK jurisdiction for declarations of non-infringement of European Patents.
    • Hearst v AVELA [2014] EWHC 1553: whether English action should be stayed after judgment pursuant to Art 109 CTMR in favour of an Italian action.

    Media, Sport & Entertainment

    • England & Wales Cricket Board v Fanatix [2016] EWHC 575: whether it was fair dealing to host consumer uploads of 8 second clips of cricket matches on a social media platform.
    • ITV v TV CatchUp [2015] EWCA 204: second reference to the CJEU in relation to TV streaming service.
    • Football DataCo v Stan James [2014] EWHC 504, [2013] EWCA 27: infringement of database right in football match live data.
    • FAPL v QC Leisure [2012] EWCA 1708: whether s.72 of the CDPA could be interpreted as conforming to EU Law, following the CJEU judgment on communication to the public.

    Arbitration & Mediation

    • ICC Arbitration concerning a clothing trade mark (Paris)
    • ICC Arbitration concerning termination of a trade mark licence for clothing (London)
    • ICC Arbitrations for Force India concerning alleged breaches of the Formula One Concorde Agreement (London, settled)
    • ICC Arbitration concerning a TM licence (Paris, 2004 & 2006)

    Unusual Cases

    • Disputes over number plates – SE7 and 1700 MG
    • Disputes over identity of classic sports cars – a 1904 Darracq, a Lister Jaguar, a Lancia Stratos.
    • BT v One in a Million – internet domain names as instruments of deception
  • Education & awards
    • MA (Cantab) (Production Eng), King’s College, Bristol
    • Certificate of Advanced Study in Manufacturing Engineering
    • Law (1st)
  • Appointments
    • Appointed Person for Trade Mark and Design Appeals
    • Chairman of the Second Appeal Panel of the Vintage Car Club of Great Britain
    • One time member of the Disability Panel of the Bar Council
  • Professional memberships
    • IP Bar Association (IPBA)
    • Chancery Bar Association (ChBA)
    • Middle Temple
    • Lincoln’s Inn
  • Hobbies & interests
    • Windsurfing
    • SUPing
    • Surfing
    • Skiing
    • DH Mountain biking
    • Road cycling
    • Bass
    • Engineering
  • Languages

    Conversational French & German

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