Tom advises clients in the enforcement and defence of their intellectual property rights.

Tom's experience

  • Advising Zilo Technology Limited in relation to allegations that Zilo has unlawfully misused intellectual property and/or confidential information.

  • Advised ProPharma Partners, who has commenced trade mark proceedings in the Intellectual Property Enterprise Court against Propharma MIS Holdings LLC alleging trade mark infringement. The proceedings are being defended and are ongoing.

  • Advised regarding proceedings on its behalf in the UK in July 2022 against Siemens alleging registered design infringement in respect of Covid lateral flow tests. The proceedings were issued simultaneously in the UK and the US.

  • Advised Headlam, The UK's largest company supplying floor coverings, on the hijacking of two house brands – "Lifestyle Floors" and "Love every step". The brands have been hijacked by Flooring Yorkshire Limited and Lifestyle Flooring UL Leeds Limited. After the initial infringement case was brought, the allegedly infringing party brought a declaration of non-infringement against Headlam.

  • Acting for a national veterinary company in a trade mark dispute against its largest competitor in respect of a trade mark dispute.

  • Acting for a national car part manufacturer and fitter in respect of a trade mark infringement and passing off claim against a third party app developer.

  • Acting for the Claimant in defending a claim for patent infringement made by a US printer manufacturer.

  • Acted for the Claimants in a complex multi-party design right infringement, breach of confidence and breach of duties of fidelity case which culminated in a 5 day trial during the June of 2018.

  • Acted for the Claimants in a multi-million pound patent infringement dispute relating to expandable garden hoses. It involves allegations of patent infringement in respect of two of the Defendant's hoses. The Defendant has issued a counterclaim alleging that the patents in suit are invalid due to prior enabling disclosure and prior art. It is a noteworthy case as allegations of prior enabling disclosure due to public use are infrequent. The case proceeded to a 5 day trial in February 2019.

  • Acted for the UK's largest manufacturer of garden ornaments in respect of multiple IP infringement claims against third party infringers. The claims involved allegations of copyright and design right infringement.

Credentials

  • 2019
    Joined Pinsent Masons
  • 2016
    HGF - Legal Director
  • 2013
    DWF - Associate
  • 2012
    Cobbetts LLP - Senior Solicitor
  • 2011
    DLA Piper - Solicitor
  • 2009
    Qualified - England and Wales
  • 2007
    DWF LLP - Solicitor
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Out-Law / Insight by Tom Nener

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