Alaina Newnes

Alaina specialises in intellectual property law and commercial law, encompassing both contentious and non-contentious matters.  She has been involved in a number of complex cases working as part of a larger team in both the High Court and Court of Appeal, as well as advising and appearing in cases as sole counsel in proceedings in the High Court, IPEC, the IPO, the Patents County Court and in mediation.

Before coming to the bar, Alaina practised as a litigation solicitor in Australia (Blake Dawson Waldron, now Ashurst LLP) and in the UK (Freshfields Bruckhaus Deringer and TSol). She qualified as a barrister and solicitor in Western Australia in 2006.

Recent examples of Alaina's work include (but are not limited to):

Genius Sports Technologies Limited & Ors v Soft Construct (Malta) Limited & Ors Acting (together with other leading and junior Counsel) for the First to Sixth Defendants in a database rights infringement claim which is listed for trial in early 2024. There have been a number of substantial interim hearings in relation to the claim (see [2022] EWHC 2308 (Ch) and [2021] EWHC 3200 (Ch)).

Case C-461/19P All Star v EUIPO ECLI:EU:C:2019:797 Acted (with Simon Malynicz KC) for All Star CV in an appeal to the CJEU.

Battat Inc & Anor v Addo Play Limited & Anor IP-2019-000117 Acted (with Emma Himsworth KC) for the Defendants in a trade mark infringement and passing off claim in the Intellectual Property and Enterprise Court.

MSG Sports & Entertainment LLC v various Appeared as sole counsel in two separate successful Norwich Pharmacal applications in the High Court.

LCIA arbitration Led by a leading Counsel in Chambers, acted in a LCIA arbitration (under UNCITRAL rules) concerning a shareholders' agreement.

Glaxo Wellcome UK Limited (T/A Allen & Hanbury's) & Anor v Sandoz Limited & Anor Led by Simon Malynicz KC, acted for the Appellants in an appeal concerning colour marks and the requirements for graphical representation ([2017] EWCA Civ 335) and an appeal against the refusal of permission to join two additional parties to a passing off claim ([2017] EWCA Civ 227).

Millen v Karen Millen Fashions Ltd [2017] FSR 7 Led by Charles Graham KC, acted for the Claimant in a claim concerning the proper interpretation of various restrictive covenants in a contract by which the Claimant divested her interests in the fashion retail business bearing her name.

The Royal Mint Limited v The Commonwealth Mint and Philatelic Bureau Limited [2017] EWHC 417 (Ch) Sole Counsel in an appeal to the High Court against a decision of the IPO.

University of Western Australia (2004 BA, LLB (First Class)); University of Oxford, Magdalen College (2007 BCL (Distinction)).