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Amanda Michaels, Hogarth Chambers, 5, New Square,
Lincoln’s Inn, London WC2A 3RJ
Tel: + 44 (0)20 7404 0404 Fax: + 44 (0)20 7404 0505
www.hogarthchambers.com
E-mail:
barristers@hogarthchambers.com
Specialisms:
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Intellectual Property
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Media and Entertainment
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Chancery (Commercial and Traditional)
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Mediation
Education:
• BA (Law) (Dunelm)
• Certificat d’Hautes Études Européennes, Collège d’Europe, Bruges,
Belgium
• MA in Advanced European Studies, Collège 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.
Legal Practice:
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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, and 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 television
• contractual disputes of all kinds
• 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:
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• 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.
• 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.
• 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.
• 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:
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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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A
downloadable PDF version of Amanda Michaels' CV is available.
Please click on the link above. |
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