Expertise
- Representing TJX UK t/a TK Maxx in High Court litigation against Mike Ashley’s SportsDirect, including a successful application to adduce survey evidence – see TJX v NBC Corp [2019] EWHC 3246(Ch).
- Advising and representing a well-known streetwear brand in the enforcement of its relatively descriptive brand, including strategy support in relation to a thriving re-sale market.
- Advising a global home shopping retailer on all aspects of its new social media app, including name choice, clearance, patent landscaping, risk management and platform liability considerations, and community guidelines.
- Undertaking comprehensive IP audits for various businesses, including one of the UK's first 'unicorn' companies (a fashion retailer) ahead of flotation. Providing strategic support and enforcement services to those companies, including one of the first AI-driven marketing businesses and a global aviation group.
- Advising the owner of a number of different luxury ‘maisons’ in its trade mark strategies related to registry turf wars and securing favourable coexistences via opposition.
- Experience
- Acting for an Arabic television, website and digital media business in trade mark, copyright and passing off proceedings brought in the High Court including an invalidity counterclaim and successful security for costs application.
- Acting for the successful party in passing off proceedings relating to the brand rights to use the name Wishbone Ash for music (see Powell v Turner, [2013] EWHC 3242 (IPEC)).
- Clearing the purchase of third party-branded product for sale by a retail client and advising on the impact on rights exhaustion of Brexit.
- Supporting a vegan footwear manufacturer in an trade mark dispute with an Australian retailer.
- Preparing a complex licensing agreement between a luxury English spa and hotel owner and a cosmetics seller looking to exploit the spa brand.
- Education
- University of Law (formerly College of Law) – Legal Practice Course, Distinction (2010)
- University of Law (formerly College of Law) – Graduate Diploma in Law, Distinction (2009)
- University of Edinburgh – MA (Hons) Philosophy/English Literature, 2:1 (2007)
- Testimonials
- "Because she provides pragmatic and measured advice, we have found outcomes to be delivered quickly and thus fees are reasonable." (client testimonial as quoted in Legal 500, 2022)
- "Associate Emily Nuttall-Wood comes recommended for her work on the intersection of IP rights and advertising." (Legal 500, 2022)
