Marks & Clerk

Intellectual property

Kirsten is a Partner and an intellectual property lawyer at Marks & Clerk Law who specialises in litigation, alternative dispute resolution and brand strategy. Kirsten advises in a broad range of sectors including food & drink, financial services, pharmaceuticals, fashion and creative industries.

Kirsten “Gilbert creatively uses all available tools to score client-defined wins and is a master pragmatist who helps brand owners to avoid costly litigation.”
(World Trademark Review)

With over 20 years’ experience, Kirsten “brilliantly” leads the legal Brand Protection and Trade Mark team, finding efficient and pragmatic ways to overcome her clients’ challenges. Kirsten is drawn to the forever-evolving nature of both trade mark law and her (sometimes off form but always classy) team, Liverpool Football Club.

Whilst Kirsten has been recognised for her sound approach to pre-litigation strategies, trade mark litigation and brand portfolio management, she also has significant experience in advising clients on registration strategies, and licensing of all types of IP rights. Kirsten is an active member of the Marks & Clerk Food & Drink Team

Key cases

• Budejovicky Budvar v Anheuser-Busch (Court of Appeal, ECJ, High Court)
• GO Outdoors Limited v Design Go Limited (High Court Trade Mark)
• DNOW UK Limited v Distribution NOW UK Limited (High Court Chancery Interim Injunction)
• BlackRock Inc v Blackrock International Land (High Court Trade Mark)
• Silver Cross v Mamas & Papas (High Court Designs)
• SA Spadel v Harrogate Spa Water (High Court Trade Mark)

Experience

• Represents clients in disputes in the High Court, Intellectual Property Enterprise Court and Court of Appeal.
• Represents trade mark clients in proceedings before the Court of Justice and the General Court of the European Union and has assisted in trade mark oppositions and invalidity actions in the EU IPO and the UK IPO.
• Represented clients in many domain name disputes.
• Advises clients on licencing agreements for wide ranging licensing activities in various sectors.
• Dealt with the Treasury Solicitors Office regarding the acquisition of bona vacantia IPRs and obtaining vesting orders for intellectual property rights held by the Attorney General on trust.
• Acted for clients in relation to applications for preliminary injunctions and full-scale trials.

Professional Highlights

Kirsten is named an ‘IP Trade Mark Star’ by Managing Intellectual Property and has also been recommended by Legal 500 and World Trademark Review.

Kirsten co-authored the UK Chapter of Pharmaceutical Trademarks: A Global Guide 2020/2021.

Diploma in Intellectual Property Law, Bristol University (1999)

Qualified as a Solicitor in England & Wales (1998)

Law LLB, Sheffield University (1993)