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Amanda Michaels

Qualified:
Mediator
Specialist Areas:
Intellectual Property
Media and Entertainment
Chancery (Commercial and Traditional)
Mediation
Education:
University of Durham
BA (Law)(Dunelm)
Certificate d\\\\\\\'Hautes Etudes Europeennes, College of Europe, Bruges, Belgium
MA in advanced European Studies, College d\\\\\\\'Europe, Bruges, Belgium awarded on presentation of thesis on Comparative Trade Mark Law
Stage in the Competition Law department of the Legal Service of the European Commission, Brussels, 1979.
General Information:
Legal Practice:

Called to the Bar (Gray’s Inn) 1981.

Trained mediator and member of ADR Chambers since 2002. Experience of a variety of Intellectual Property and commercial mediations, as mediator, assistant mediator and as counsel.

Amanda Michaels has been in practice at Hogarth Chambers, 5 New Square, Lincoln’s Inn, London since 1982, covering all aspects of chambers’ work but with a particular interest in

  • copyright and design right
  • trade marks and passing off, including disputes relating to the Internet and domain names; in addition to High Court work, she has appeared in the Trade Marks Registry and on appeal from decisions of the Registrar
  • media and entertainment, including work relating to the music industry, films, advertising and televisioncontractual disputes of all kinds, including breach of licence, partnership disputes, breaches of restrictive covenant
  • property disputes, proprietory estoppel and Inheritance Act cases
  • mediation

    She has consistently been recommended as a leading junior in the field of media and entertainment by Chambers and Partners directory, and as a leading junior both for intellectual property and for media and entertainment by The Legal 500, which describes her as \\\"a quality act clearly respected by Chancery judges.\\\"

    Cases include:
    Reed Executive Plc v Reed Business Information Limited [2004] R.P.C. 40: acted for defendant publisher in successful appeal: claim by employment consultants for trade mark infringement and passing off, raising issues as to infringement by use on websites, in metadata and “Search Engine Optimisation” techniques, as well as of the extent of the “own name” defence under s 11, Trade Marks Act 1994.

    The Reed appeal also raised important issues relating to ADR ~ the potential impact of a failure to mediate and of ‘without prejudice’ communications in relation to costs: See the further decision of the Court of Appeal on costs/ADR: [2005] FSR 3.

    Altecnic v Reliance [2002] RPC 34 acted for successful appellant to Court of Appeal in dispute over amendment of trade mark application, appeal to House of Lords settled.

    Gabrin v Universal Music [2003] EWHC 1335, Patten J, 17 June 2003 acted for successful claimant in action for infringement of copyright in a photograph.

    Charly Acquisitions Limited v Immediate Records Inc [2002] EWCH 254, dispute over ownership of copyright in catalogue of 1960s sound recordings.

    Re Dualit [1999] F.S.R. 865 and [1999] R.P.C. 890 dispute over the registrability of product shape as trade mark.

    Phonographic Performance Limited v Maitra [1998] 1 W.L.R. 870; [1998] F.S.R. 749 case raising points of general application as to copyright owner\\\'s entitlement to a permanent injunction.

    Python (Monty) Pictures Limited v Paragon Entertainment and Channel 4 (1998) Ent. L.R. 640: for successful Plaintiff in claim for breach of distribution agreement, leading to successful claim for reversion to the “Pythons” of rights in the film “Monty Python’s Life of Brian”

    Publications:
    Author of A Practical Guide to Trade Mark Law, Sweet & Maxwell (3rd ed. 2002)

    Memberships:
    IP Bar Association; Chancery Bar Association; ADR Chambers

    Further information:
    Fluent French (able to read technical documents and conduct conferences or mediations in French)
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    Contact Information:
    ADR Chambers UK
    City Point - 15th Floor
    1 Ropemaker Street
    London
    EC2Y 9HT
    Telephone: 0845 072 0111
    Fax: 0845 072 0112
    DX: 33869 Finsbury Square
    Web: www.adrchambers.co.uk
    Email: duggan@adrchambers.co.uk

     

     

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