IP and Media/Entertainment

Aviator LLC v Spribe OÜ [2025] EWHC 2448(Ch). Acting for the Claimant in a multi-jurisdictional copyright claim in relation to logos used in online gambling games.

Phonographic Performance Ltd v Dare To Club Ltd [2025] EWHC 583(Ch). Acting for the Claimant in committal application for breach of an injunction restraining performance of sound recordings at a club.

Unicorn Studio Inc v Veronese [2024] EWHC 1098 (Ch). Acting for the successful appellant in an appeal from the Trade Mark Registry in relation to findings of similarity of goods and likelihood of confusion.

Seraphine Ltd v Mamarella GmbH [2024] EWHC 425 (IPEC). Acting for the Defendant in a designs/breach of contract claim raising complex jurisdiction issues.

Entertainment One UK Limited v Công Ty TNHH Đầu Tư Công Nghệ Và Dịch Vụ Sconnect Việtnam [2022] EWHC 3295 (Ch). Acting for the claimant in a multi-jurisdictional copyright, trade mark and passing off claim concerning the Peppa Pig children’s videos. Artistic copyright claim covers virtually all Berne Convention countries. Sound recording copyright claim covers virtually all Rome Convention countries. Trade mark claim covers the UK and EU27. The Court rejected service and jurisdiction challenges and the claim will now go to trial in England and Wales. Decision contains important discussion about email service.

Portobello Productions Ltd v SunnyMarch Ltd [2022] EWHC 3014 (Ch). Acting for the defendant in a complex claim arising from the termination of a co-production agreement relating to a film based on a Roald Dahl story. Issues included construction of the agreement and implication of terms.

Young Turks v BT [2021] EWHC 410(Ch). The first blocking order decision relating to streamripping sites.

Capitol Records v BT [2021] EWHC 409 (Ch); [2022] ECDR 7. The first blocking order decision relating to “cyberlocker” sites.

Kurobuta Ltd v Hallsworth (Appointed Person; 25.11.20) [2021] RPC 13. Significant decision about whether it is possible to assign goodwill without assigning the underlying business.

Response Clothing Ltd v Edinburgh Woollen Mill Ltd [2020] EWHC 148 (IPEC); [2020] ECDR 11. Copyright in a fabric design. The first UK case to consider the impact of recent EU case law on what is a “copyright work”.

Asia Standard Management Services Ltd v Standard International Management LLC [2020] EWHC 28 (Ch). Trade mark appeal to the High Court on extent to which Hearing Officers need to consider goods and services individually in likelihood of confusion cases.

Phonographic Performance Ltd v Ellis (t/a Bla Bla Bar) [2018] EWCA Civ 2812; [2019] ECDR 12. Important decision on availability of additional damages in committal applications where the breach is also a copyright infringement.

Bayerische Motoren Werke Aktiengesellschaft v Kellmatt Ltd [2018] EWHC 2090 (IPEC): Liability of printer for manufacture and sale and use by counterfeiter of trade marked labels.

Bayerische Motoren Werke AG v Premier Alloy Wheels (UK) Ltd [2018] EWHC 1713 (Ch): Acting for claimant in obtaining Anton Piller and related orders against seller of allegedly counterfeit alloy wheels. Claim succeeded at trial: [2020] EWHC 20194 (Pat); [2020] E.T.M.R. 55.

BMW v Technosport London Ltd  ​[2017] EWCA Civ 779; [2017] E.T.M.R. 32; [2017] F.S.R. 35: Represented successful claimant in claim for trade mark infringement by use by a garage operator of BMW name and logos.

Oran Pre-Cast v Oranmore Precast Ltd [2016] EWHC 1846 (IPEC): A trade mark and passing off case.  This case also involved breach of contractual issues as to whether the claim had been compromised.

Phonographic Performance Ltd v Nightclub (London) Ltd [2016] EWHC 892 (Ch): Committal for breach of injunction restraining public playing of sound recordings.

Hook v Sumner [2015] EWHC 3820 (Ch); [2016] BCC 220: Represented Peter Hook in successful application for permission to bring derivative action arising from a dispute between the members of the band New Order.

Motivate Publishing FZ LLC v Hello Ltd [2015] EWHC 1554 (Ch): Trade mark licensing and estoppel.

Band Therapy Ltd v Heavy Truth Music Publishing Ltd [2014] EWHC 3811 (IPEC); [2015] EWHC 1253 (IPEC): Dispute about ownership of rights in compositions.

AFD Software Limited v. DCML Limited [2016] EWCA Civ 425: A copyright claim concerning “click wrap” licensing.

BMW v Coley [2014] EWHC 3053 (IPEC): Declaration that certain activities infringed trade mark injunction.

Phonographic Performance Ltd v Raine [2014] EWHC 1398(Ch): Stay of infringement proceedings pending reference to Copyright Tribunal.

Henderson v All Around the World Records Ltd [2013] EWPCC 7; [2013] EWPCC 19: Rights in performances and costs in the Patents County Court.

Orion Publishing Group Ltd v Novel Entertainment Ltd [2012] EWHC 1951 (Ch): Audit clauses in publishing agreements.

R v Woolworths [2007] F.S.R. 19: Successful defence of retailer against trade mark prosecution.

PPL v Reader [2005] F.S.R. 42: Availability and quantum of damages for infringement of sound recording copyright which was also a contempt of court.

Bamgboye v Reid [2004] EMLR 61: Successful claim for copyright and performer’s rights in rap composition and recording.

Guild v Eskandar Ltd [2001] F.S.R. 38 (Rimer J); [2003] F.S.R. 3 (CA): Defence of claim for infringement copyright and design right in designer clothing field (succeeded on appeal).

Thames & Hudson Ltd v Design and Artists Copyright Society Ltd [1995] F.S.R. 15: Relationship between criminal and civil remedies for copyright infringement.

Chancery Bar Association

IP Bar Association

British Literary and Artistic Copyright Association

Qualifications
Gwilym Harbottle read Modern History at Oxford before studying Law at City University, London. He was called to the Bar in 1987. He is an accredited mediator through ADR Chambers.

Regulation
Gwilym is a self-employed, independent barrister whose practice is governed by the Code of Conduct of the Bar of England and Wales. He is registered with the Bar Standards Board of England and Wales (Bar Ref: 22468)

He has professional indemnity insurance provided by the Bar Mutual Indemnity Fund (BMIF Ref: 2190/020). Please refer to the BMIF website  for full details of the world-wide cover provided, and the BMIF’s contact details.

 

Gwilym Harbottle read Modern History at Oxford before studying Law at City University, London. He was called to the Bar in 1987.

Talks

Gwilym has recently spoken on a variety of IP issues including:

  • IP online and the position of ISPs (WIPO online workshops in South Korea and Kazakhstan, 2012 and 2022)
  • Anton Piller orders, Mareva injunctions and Norwich Pharmacal orders in copyright cases (ALAI Congress, Montreal, 2018)
  • ​GS Media, Filmspeler and The Pirate Bay (BLACA May 2018)
  • Copyright Law and Remedies (WIPO Building Respect for Intellectual Property programme, Kigali January 2017 and Baku December 2017)
  • Copyright exceptions including quotation, parody and temporary copying
  • Orphan works
  • European jurisdiction in copyright cases
  • Hyperlinking and copyright infringement
  • Blocking injunctions

Gwilym’s interests include literature, art, photography and walking.