Mary Bagnall

Intellectual Property, Retail & Leisure, Sport

Mary specialises in the protection and enforcement of intellectual property rights, including trade marks, copyright and designs. She has extensive experience in conducting trade mark infringement and passing off proceedings, copyright and design actions, trade mark registry proceedings in the UK and OHIM, and appeals to the UK courts and the Court of Justice of the EU, and in disputes involving confidential information and database rights. She also represents clients in Internet and domain name disputes including in ICANN, Nominet and Czech Arbitration Court proceedings and infringements on Internet auction sites, and in relation to advertising issues including complaints to the ASA, and issues involving comparative advertising and product denigration.

Mary assists a wide range of clients from the largest international brand owners to SMEs across diverse industries including fashion, retail, food and drink, sports, leisure, entertainment, technology and chemicals. She has particular expertise in the protection and enforcement of so-called non traditional trade marks, having being involved in a number of colour, shape and get up cases including the successful enforcement of the colour green for BP, in its landmark decision in Northern Ireland, the protection and enforcement of Lindt's Gold Bunny product in the UK, and most recently for Cadbury in its long running dispute with Nestle over the protection of Cadbury Purple in the Court of Appeal. Mary is currently involved in several complex multi jurisdictional trade mark disputes, including for high profile brand owners in the communications, manufacturing, and sports industries.

She is an active member of the Institute of Trade Mark Attorneys and the International Trademark Association, and speaks regularly on brand issues, notably at events for the luxury brands industry. Mary is listed as an expert in Trademarks by Who's Who Legal 2014.

Mary is admitted to practise in England and Wales.

Experience highlights:

Advising on the protection of non-traditional trade marks including single colours, combinations of colours, shapes, and packaging get up, including for Cadbury in its long running dispute with Nestle over the protection of Cadbury Purple Advising a global sports brand in relation to pan European trade mark disputes Advising on and implementing brand clearance, protection and enforcement strategies for a number of household brands, SMEs, and family businesses Conducting multiple trade mark opposition, revocation and cancellation proceedings in the UK and OHIM for a specialist communications business Defending trade mark infringement proceedings for a household name in the leisure industry