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DRS Expert Nick Phillips

Current Position

Partner – IT/IP Group – Barlow Robbins LLP.

Summary

Nick is a solicitor specialising in IP and IT work.  His practice includes a broad range of IP and IT litigation as well as related advisory work.  He also has considerable experience of more general commercial matters.

Nick regularly advises on domain name issues and has been involved in and successfully resolved disputes under the Nominet DRS and ICANN's Uniform Dispute Resolution Policy.

Education and Training

Inns of Court School         Rights of Audience in the               2002
of Law                           Higher Courts                   

University of Bristol         Diploma in Intellectual Property      1998-1999
                                   Law and Practice

Law Society Finals           College of Law, Guildford               1992 - 1993

LL.B (Hons) - 2:1            University of Leicester                   1989 - 1992

A’ and O’Levels        Rutlish High School, Merton Park            1984 - 1989

·    3 A’Levels : Physics (A), Pure and Applied Mathematics (A), Chemistry (B)
·    12 O’Levels (including Mathematics and English Language) : 11 ‘A’s; 1 ‘B’


Membership of Professional Bodies

Associate Member – Institute of Trade Mark Attorneys;

The Intellectual Property Lawyers Organisation (TIPLO); and

Law Society of England and Wales.


Career History

Partner                        2007 -
Barlow Robbins LLP


Solicitor                        2003 - 2007
Barlow Robbins LLP (formerly Robbins Olivey)

Solicitor                         2000 - 2003
Mayer, Brown, Rowe & Maw LLP (formerly Rowe & Maw)

Solicitor                         1998 - 2000
Landwell (the correspondent law firm of PriceWaterhouseCoopers.)

Solicitor                          1995 - 1998
Trainee Solicitor                       1993 - 1995
Needham & Grant


Experience to Date

Nick's experience to date includes the following:

·    General infringement and IP advice for a wide variety of clients including in relation to psychometric tests, sun tan lotions, clothing, sunglasses, art materials, door locks, ceramics, lamps, nutritional supplements, golf ball retrievers, T-shirts, CDs, textbooks, garden tools, game-show concepts, furniture, film scripts, carpets, perfumes, car dealerships, sanitary products, knitting wool, confectionary, driving gloves, veterinary products, surgical instruments, fishing loungers, air fresheners and fashion photographs.
·    Conduct of proceedings in the European Court of First Instance by way of appeal from Board of Appeal at OHIM (KK Fernandes v OHIM re HIWATT TM - Case T-39/01).
·    Obtaining summary judgment in trade mark, passing off and copyright infringement proceedings (Intralux Australia Pty Ltd v (1) Indirect Lighting (2) Michael Tilbury - Case Reference LTL 19/12/01).
·    Advising on a number of domain name and internet disputes including obtaining transfers under the ICANN (WIPO) and Nominet dispute resolution procedures, obtaining the take down of pornographic and defamatory materials and the removal of music files which infringed copyright.
·    Preparing evidence for and advising generally on trade mark oppositions at OHIM and in the UK Trade Marks Registry.
·    Advising owners of telcom business on possible infringement of a raft of UK and European patents and related branding advice.
·    Acting for US investment company in breach of confidence action, including obtaining leave to serve proceedings out of the jurisdiction in the US and advising on the obtaining of interim relief before agreeing undertakings on the breach of confidence claims pending trial.
·    Advising UK pharmaceutical company on proceedings for trade mark infringement and malicious falsehood based on comparative advertising of competitor.
·    Co-ordinating the UK end of an international anti-counterfeiting operation; including liaising with HM Customs and local Trading Standards to set up watching services and advising on and taking the appropriate action against counterfeiters and parallel importers of goods. Also advising on the terms under which goods were sold outside the EEA to reduce the likelihood of unauthorised goods being imported.
 
 
 

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