Intellectual Property
Intellectual property rights are often among the most valuable assets owned by a business or organisation. As such, it is of paramount importance to ensure that those rights are adequately protected from infringement and misuse, both at home and abroad. Our reputation for intellectual property litigation makes us a popular choice for helping clients secure that protection.
Our team of experienced intellectual property lawyers and litigators has an acknowledged expertise in the market for resolving intellectual property disputes. We regularly advise on infringement and enforcement matters relating to patents, trademarks, copyright and design rights, as well as licencing disputes and other intellectual property matters.
In addition to advising businesses on how to protect their brands, inventions and rights globally, we also advise individuals on reputation protection issues. We are extremely proactive in ensuring our clients’ reputations are protected – often rapidly securing injunctions to limit and eliminate defamatory postings and blogs on the internet, as well as taking court defamation proceedings against perpetrators. Where clients are exposed to negative media publicity, we help them to manage and isolate the fallout.
Our experience and expertise in dealing with intellectual property disputes and defamatory statements means that we can quickly understand the issues and pressures involved, and work closely with our clients to provide pragmatic, economic and effective solutions to help resolve matters as quickly as possible.
Our clients include large enterprises, SMEs, charities, individuals (particularly sports stars) and entrepreneurs.
Representative Intellectual Property Work
Examples of our team’s intellectual property experience include:
- Advised a US Music Publisher and UK song writers/performers on a litigation claim in the Chancery Division against a record company over the use by it of disputed lyrics and the assessment of damages for infringement thereof by the second recording.
- Advised performers/recording artists on an action in the Queen’s Bench Division brought against a well-known author and journalist who had wrongly stated in a book that the performers relied upon computers to perform their music and therefore kept live touring to a minimum.
- Advised on the defence of claims for trademark infringement and passing off by a company in the water purification industry including claims in relation to the use of sponsored ad words.
- Advised on several disputes in the telecoms industries including disputes involving domain name rights and passing off.
- Advised on the defence of claims made by US party asserting an entitlement to copyright in circumstances where the plaintiff importer was entitled to recover from the manufacturer of the products under an indemnity.
- Advised a restaurant client requiring another restaurant to refrain from opening under a name which infringed the Claimant’s goodwill and/or trademarks.
Key contacts:
Biography
Clare’s expertise spans a broad range of commercial litigation but with a focus on complex shareholder / commercial disputes and IP often involving issues that traverse multiple jurisdictions.
She has led on a number of high value multi-faceted disputes involving commodities, fraud, corruption/conspiracy, breach of contract, fraudulent mis-representation, lending, mis-selling, HPAs, intellectual property rights, professional negligence and company/director/shareholder/JV issues for clients based both in the UK and overseas ranging from SMEs to ultra-high net worth individuals, international banks and other global institutions.
As well as matters brought in all divisions of the High Court and Commercial Court, Clare has experience of cases which have gone to the Court of Appeal and Supreme Court. She also has experience of international arbitration particularly of those conducted in the International Chamber of Commerce and International Dispute Resolution Centre and extensively of mediation where she has led many successful settlement negotiations.
Clare is also regularly instructed on global enforcement matters involving obtaining worldwide freezing orders and overseeing recovery proceedings in a variety of foreign jurisdictions including the BVI, Turks and Caicos and Cayman Islands.
Clare’s IP practice focuses predominantly on the protection of the rights of Teacher Stern’s restaurant, retail and tech clients in relation to which she has successfully staved off many potentially infringing competitors.
Clare is listed as a recommended lawyer in the Legal 500 2021 and 2024 rankings.
Representative Experience
Clare has:
- Recently successfully defended a business and associated professionals in a complex high court action which spanned 2.5 years and included trial set down for 20 days concerning allegations of fraud and conspiracy regarding the acquisition of a national security and surveillance company.
- Acted in an ultra-high value conspiracy dispute between Russian oligarchs.
- Represented a distributor in a $50M corruption case in the Commercial Court involving the distribution of oil additives to Iraq.
- Advised borrowers and guarantors in relation to facilities of $500M entered into with a collapsed Icelandic Bank.
- Represented a Canadian metals billionaire and philanthropist in an international arbitration concerning a million US$ charter agreement.
- Acted in a dispute relating to a multimillion pound property fraud including obtaining world-wide freezing injunctions and enforcement action.
- Advised in connection with a $60M breach of contract dispute involving a celebrity chef.
- Advised on a breach of contract/mis-representation claim concerning a multi-million dollar film contract.
- Represented a European water supply company and various UK restaurant chains in connection with the protection of their IP rights
Testimonials
Legal 500
“Clare Toomer is very accessible, responsive and sensitive to a wide range of client needs.’
“The reason we work with Teacher Stern. Robust in her dealings with the other side and tells you exactly what is and is not possible, and why.”
Clients
“Clare is a first-rate litigator. She has excellent legal skills and a demonstrated ability to manage every type of case from large commercial claims to smaller disputes requiring a more personal touch. Clare combines a friendly and approachable manner with a tough and determined approach to getting the best result for her clients.” Max Mallin KC, Wilberforce Chambers
“Clare Toomer is a star in the making at Teacher Stern LLP; combining a sharp intellect with great judgement, she knows which points to take and which not. A pleasure to work with and in any litigation you would want her on your side.” Peter Featherman of Ed’s Easy Diner.
Year qualified
Solicitor, 2010
Career History
Partner, Teacher Stern
Solicitor, Teacher Stern
Trainee Solicitor, Teacher Stern
