Luke Moulton

Experience

Commercial Litigation

Luke’s recent experience includes advising:

• software vendors and customers on disputes concerning the development and implementation of software;
• a leading software supplier on a £multi-million dispute concerning the implementation of an enterprise resource planning system for a local authority;
• a developer of games in the gaming industry in respect of a claim of more than £1m in respect of a development and licence agreement;
• a £multi-million dispute for a leading orthopaedic manufacturer and distributor concerning the prospective early termination of an exclusive agency agreement;
• a £1.7m claim in respect of the non-performance of an option agreement;
• a wholesaler of complex products in the automotive industry in a £multi-million dispute with an international manufacturer concerning an instalment contract for the sale of goods;
• a manufacturer of automobile components in connection with a £multi-million dispute including a multi-jurisdictional warranty claim from an OEM and the related indemnity claim against a tier 2 supplier;
• the sellers of a technology business in respect of an alleged c.£15m claim arising from alleged breaches of warranties and indemnity claims in the share purchase agreement;
• a group of companies in the healthcare sector in respect of substantial claims arising from the acquisition of a subsidiary, including claims for alleged breaches of warranties and indemnities in the share purchase agreement and a dispute under an exclusive distribution agreement;
• investment companies in respect of the enforcement of their rights under finance contracts, including claims under bonds, guarantees and indemnities;
• a FTSE-100 listed company in a contractual dispute arising from the failed implementation of technology at more than 200 sites across the UK;
• a record producer in connection with a £multi-million royalty dispute; and
• employers, employees and consultants in connection with claims for breach of restrictive covenants.

Intellectual Property

Luke regularly advises client on the protection and enforcement of the different intellectual property rights, as claimant or defendant. Luke’s recent experience includes:

Confidential information:

• Advising an international publisher relating to a dispute with a major competitor and an ex-employee concerning breach of confidence, copyright infringement and database right infringement;
• Advising a video game company in relation to alleged breach of confidence by a former employee; and
• Advising a software supplier in respect of an alleged breach of confidence and copyright infringement by a former employee.

Copyright:

• Advising a software developer in a dispute regarding the ownership of copyright in a set of tools critical to the performance of the software;
• Advising an advanced manufacturer of measurement apparatus and instruments in respect of a dispute concerning the firmware installed on a competing product involving allegations of copyright infringement and breach of confidence;
• Advising on a high-profile copyright dispute in the Patents County Court – “The Red Bus Case” (reported). Settled before Appeal; and
• Advising several professional photographers in copyright infringement claims, including representing photographers in proceedings in the Intellectual Property Enterprise Court.
  

Design rights:

• Advising a manufacturer of wheelchairs on the alleged infringement of a registered design relating to a wheelchair; and
• Advising a leading lighting supplier to pursue unregistered UK and EU design infringement claims in respect of a copycat product imported and sold by a major high street store.

Patents:

• Advising a client on alleged patent infringements in respect of composite fabrics for use in professional cycling;
• Advising on a multi-jurisdictional patent dispute relating to a household product;
• Advising a client on alleged patent infringement relating to the audio-watermarking of sound recordings; and
  o Advising a manufacturer in connection with patented technology in double glazing units.

Trade marks/ passing off/ branding:

• Advising a leading advanced manufacturer on a multi-jurisdictional dispute concerning the ownership and rights to exploit a brand associated with one of its key products worldwide
• Advising a leading manufacturer on a multi-jurisdictional dispute as to the ownership and right to exploit a brand applied to a market leading consumer product;
• Advising a brand leading franchising company in relation to various trade mark infringement and passing off claims; and
• Advising clients on trade mark infringement / passing off claims (as claimant or defendant) and UK trade mark opposition proceedings (as applicant or opponent); and
• Advising clients in respect of company name and domain name disputes, including in Company Names Tribunal proceedings and domain name dispute resolution proceedings.

Interests

Outside of work, Luke is a competitive club runner and a long-suffering supporter of the Blues (Birmingham City). He also has three young girls that keep him busy.