Emma Varty | Fieldfisher
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Professional background

Professional background

I advise clients on a wide range of intellectual property and technology disputes, including trade marks and passing off, copyright, database rights, design rights, confidential information and data disputes.  My experience includes advising on generative AI models.

My experience in High Court intellectual property disputes includes the following:

  • Currently representing Getty Images in a claim for infringement of copyright and other rights against Stability AI, in relation to its generative AI model Stable Diffusion.  (IL-2021-000007: Getty Images (US), INC. and others v Stability Al Ltd).
  • Acted for Genius Sports in a claim for infringement of database rights against Betconstruct, which settled in December 2022 when the Defendants agreed to purchase a licence for Genius Sports' market-leading data (IL-2020-000040: Genius Sports Technologies Limited & Ors -v- Soft Construct (Malta) Limited & Ors).
  • Represented Peloton in a claim for copyright and trade mark infringement against Echelon, which settled in November 2022 (IL-2020-000074: Peloton Interactive, Inc and others v Echelon Fitness LLC and others).
  • As a trainee, I supported the team representing Ordnance Survey, in relation to a claim for database rights infringement, and helped secure an injunction in Ordnance Survey's favour [77M Ltd v Ordnance Survey Ltd [2019] EWHC 3007 (Ch)].

I also advise clients on how to manage and protect their brand and trade mark portfolios globally and have experience representing clients in contentious UK IPO proceedings.

I have specialist knowledge of the Fashion, Sport and Technology (including AI) sectors and have experience working in-house for a technology company.

I completed the Oxford diploma in intellectual property law in 2023.

I am a member of IPSoc (the society for junior IP practitioners) and AIPPI (International Association for the Protection of Intellectual Property).

I also regularly attend Fashion Law London events to engage in legal and commercial developments in the fashion industry.

Authored pieces

All Resources
Close-up of the colorful, curved pages of an open book, fanned out to create a visually striking pattern. The pages feature various shades and hues, creating a vibrant and abstract appearance. The background is blurred in soft purple tones.
IP
Insight

Joint authorship under the microscope: Lessons from Boghossian v IOP Publishing

04.03.2026
On 17 December 2025 the Intellectual Property Enterprise Court (IPEC ) handed down its judgment in Boghossian v IOP Publishing Ltd [2025] EWHC 3317 (IPEC),a case concerningjoint authorship in the context of a scientific academic paper.
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Abstract image featuring vibrant, intersecting neon light trails in pink, blue, yellow, and green on a dark purple background. The lights form geometric shapes and create a sense of depth and motion.
Press Release

Fieldfisher advises Getty Images on landmark UK AI litigation

04.11.2025
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A dimly lit, large football stadium at night with bright floodlights illuminating the field. The stands are filled with spectators, and the atmosphere is vibrant. Confetti can be seen falling, creating a celebratory scene, while the green pitch is ready for action.
IP
Insight

Keeping counterfeits out of play

24.09.2025
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A person types on a laptop with a cup of coffee nearby. A digitally rendered, glowing light bulb made of geometric shapes floats above the laptop, symbolizing an idea or innovation. The background includes a pencil holder and blurred figures.
IP
Insight

UK Court bars re-litigation of EUIPO design decision

30.07.2025
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Insight

Egg on their face: EOS's 3D shape trade mark application rejected

10.03.2022
EOS's egg-shaped lip balm container may be pleasing to the eye, but its EUIPO application to register its 3D shape trade mark failed to impress the Court of Justice of the European Union (CJEU). In a recent ruling, the CJEU refused EOS's appeal against the General Court's decision that the mark was devoid of distinctive character and did not therefore meet the registrability requirements for an EU trade mark.
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