Nick Rose

I have worked on many landmark cases in the last 25 years including many multi jurisdictional cases which have involved parallel proceedings in the US, Asia and Europe.

I specialise in the enforcement of intellectual property rights with a particular focus on copyright matters (for both artistic and technology related works), design law, trade marks, passing off, database rights and trade secrets.

I have represented many UK and international businesses in the High Court, Court of Appeal, Supreme Court and before the European Commission.

I focus on the media and entertainment, technology, retail, and sports sectors.

In the last decade, I have been involved in many of the leading IP reported cases. Examples of recent cases include:

Database rights  

• Successfully represented  Ordnance Survey, on one of the largest database rights cases in the UK [77M Ltd v Ordnance Survey Ltd [2019] EWHC 3007 (Ch)]
• Acting for Genius Sports in a claim for infringement of database rights against Betconstruct which settled out of court in December 2022 when the Defendant agreed to purchase a licence for Genius Sports' market-leading data [Genius Sports Technology Ltd v Soft Construct (Malta) Ltd [2022] EWHC 2637 (Ch)]

Copyright

• Navitaire v EasyJet – acted for Navitaire in  the leading case on subsistence of copyright in user interfaces, screens, data structures and databases [Navitaire Inc v EasyJet Airline Co Ltd (No.4) [2005] EWHC 282 (Ch)]
• Successfully represented Ordnance Survey in a claim for infringement of Crown Copyright against the AA [HM Stationery Office v Automobile Association Ltd [2001] E.C.C. 34]
• Recently acted for Peloton in proceedings for copyright and trademark infringement against Echelon which settled in 2022
• Currently acting for Getty Images in a claim for infringement of copyright and other rights against Stability AI relating to AI generated art

Trademarks

• Successfully represented the Claimant in one of the first leading cases on what constitutes use of a trademark on the internet in different jurisdictions (the 800 FLOWERS litigation) [1-800 Flowers Inc v Phonenames Ltd [2001] EWCA Civ 721 (17 May 2001)]
• Successfully represented the Claimants  in a case for trade mark infringement and passing off concerning character merchandising rights in BETTY BOOP [Hearst Holdings Inc & Anor v AVELA Inc & Ors [2014] ETMR 34]
• Successfully represented Karen Millen Fashions Limited in claims against Karen Millen, the founder of the business, concerning the rights in the KAREN MILLEN mark in various countries around the world [Millen v Karen Millen Fashions Ltd [2016] EWHC 2104 (Ch) 16 Aug 2016]

Trade Secrets

• Successfully represented Vestergaard Frandsen in the leading case on trade secrets against Bestnet regarding the secret formula for new insecticide technology in mosquito nets [Vestergaard Frandsen A/S (now Called MVF 3Aps) v Bestnet Europe Ltd & Ors [2014] EWHC 3159 (Ch) (03 October 2014) and Vestergaard Frandsen AS & Anor v Bestnet Europe Ltd & Ors [2009] EWHC 657 (Ch) (03 April 2009)]