Partner

Intellectual Property

Get in touch

For further advice please contact us for a consultation.

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UK Contact

+44 (0)3330 143 401 info@gunnercooke.com
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Germany Contact

+49 30 220 131-000 centralservices@gunnercooke.de

Partner

Intellectual Property

Expertise

Rachel has extensive experience in all areas of Intellectual Property and frequently acts for clients in the High Court and Intellectual Property Enterprise Court.

Rachel advises on; trade mark oppositions, and invalidation/revocation actions, passing off and trade mark infringement claims, comparative advertising claims, copyright infringement, registered and unregistered design infringement, patent infringement, confidential information and trade secrets, and domain name disputes and company name disputes.

Rachel Advises

  • Private individuals
  • Retailers
  • Designers
  • Manufacturers
  • Newspaper and media companies
  • Charities
  • Franchisors
  • Architects and planning consultants

Experience Highlights

During her career, Rachel has been involved in some high-profile Intellectual Property Enterprise Court and High Court cases and other claims including:

Passing Off

  • George East Housewares Limited v Fackelmann & Co Gh and Probus creative Housewares Limited – advising the claimant in a passing off claim against two defendants based in Germany in relation to a cook’s conical shaped dry measuring device.

Trade Marks

  • Mental Health First Aid England v Nuco Training Limited – defending an interim injunction application in the Intellectual Property Enterprise Court to prohibit the launch of our client’s newly developed training courses for Mental Health First Aid instructors.
  • Gap (ITM) Inc v British American Group Ltd – representing the respondent in an appeal hearing against the decision of a hearing officer at the UKIPO regarding the respondent’s trade mark application.

Registered and Unregistered Designs

  • PCO Group GmbH and others v Par-Pak Europe Limited and others (part of the US based Waddington Group)-acting for the defendant in a claim regarding the alleged infringement of a European registered design relating to triangular shaped nacho trays
  • Royal Academy of Dance and International Dance Supplies v Roch Valley – acting for the claimant in an unregistered design claim in respect of designs in leotards.
  • Acting for a national designer and retailer of electric mobility vehicles in their unregistered design claim

Copyright

  • Acting for Pinnacle Photography Limited in a copyright infringement claim in relation to the unauthorised use of 200+ photographs by a well-known sportswear retailer.
  • Acting for Wing of St Mawes Limited in an Intellectual Property Enterprise Court claim against another online retailer infringing copyright subsisting in photographs on the client’s website.
  • Advising a company designing and manufacturing intricate face lace designs on its copyright infringement claim against a well-known high-street fashion retailer.
  • Acting for a London based shaolin martial arts company in a High Court copyright infringement claim. The founder of the company had created his own martial art system comprising a number of individual ‘forms’. The claim proceeded on the basis that the performance of the forms was copyright infringement of ‘dramatic work’ under the Copyright, Designs and Patents Act 1988.

Patents

  • Acting for a well-known charity defending a patent infringement claim brought by Ticketogo Ltd.
  • Acting for an international company specialising in innovative water treatment in its patent infringement claim against a competitor for infringement of its patent relating to a water treatment product.

Breach of Confidence

  • 5 West Limited t/a Alex Thomson Racing v Guillaume Verdier Architecture Navale (‘GVAN’). Acting for GVAN (a French company at the cutting edge of racing yacht design) on a breach of contract and breach of confidence claim relating to the design of an IMOCA racing boat for the Vendée Globe boat race.

Publications

  • Co-author of ‘Passing Off Pitfalls’,  ‘Good Communicator?’ (assessing the status of the controversial ‘communication to the public concept) and ‘Vcast Ltd v RTI SpA’ which were all published in the Intellectual Property Magazine – a leading magazine for IP practitioners which provides detailed coverage and analysis of all the latest legal changes within the IP industry.
  • Rachel also co-authored Online infringement of IPRs: overview and rights-holders’ strategy guide for Practical Law.

Career History

Previous Law firms

  • 2014-2020 Foot Anstey LLP
  • 2011-2014 Michelmores LLP
  • 2007-2011 Ashfords LLP

Accolades

  • Postgraduate Diploma in Intellectual Property Law at Oxford University
  • Postgraduate Diploma in UK, EU and US Copyright Law at King’s College London

 

Get in touch

For further advice please contact us for a consultation.

-

UK Contact

+44 (0)3330 143 401 info@gunnercooke.com
-

Germany Contact

+49 30 220 131-000 centralservices@gunnercooke.de