Contact details

Joshua Cunnington

T: +44 20 7809 2256 Email Joshua | vCard Office: London

Joshua Cunnington Managing associate

Contact details

Joshua Cunnington

Joshua Cunnington
Managing associate

T: +44 20 7809 2256 Email Joshua | vCard Office: London

Joshua is a managing associate in the intellectual property team with a breadth of experience with IP litigation and also the protection and exploitation of IP rights. He maintains a broad practice, with particular sector interests in consumer goods, engineering (including energy and decarbonisation) and technology.
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Joshua acts on both IP disputes and advisory matters. In his litigation practice he has experience of taking claims to trial in the High Court and on to appeal, in addition to conducting disputes in the Company Names Tribunal and Intellectual Property Office. He maintains a broad practice, advising in relation to all the IP rights, including trade marks, patents, designs and copyright, as well as confidential information/trade secrets. A specialist in 'non-traditional' trade mark disputes, Joshua has particular experience litigating colour and shape trade marks.

Joshua also has a significant amount of experience in co-ordinating multi-jurisdictional IP disputes and has overseen litigation in jurisdictions as varied as Sweden and Japan.

Joshua's particular sector interests are consumer retail (including food and drink) and energy, decarbonisation and engineering.

He also advises clients in relation to IP strategy (including early-stage technology development) and negotiates complex and sensitive IP provisions in business-critical agreements, recently having been involved in a significant number of energy and decarbonisation projects.

Joshua is a co-author of the intellectual property chapters in 'Offshore Construction Law and Practice' (2nd edn) and 'Offshore Floating Production, Legal and Commercial Risk Management', both from Routledge. He has also been a visiting law lecturer to engineering students at UCL.

"absolutely remarkable… always responsive, and… provided comments and information about other jurisdictions, improving the quality of our work."

The Legal 500 UK 2023

  • Intellectual property
  • Shipping

IP disputes and litigation

Acts for and advises clients in IP infringement, ownership and validity disputes, including pre-action and in claims before the High Court and at the appeal stages.

Global dispute co-ordination

Creates and implements global strategies for multi-jurisdictional IP disputes.

IP ownership and commercialisation

Advises clients in relation to the generation of value from their IP, including through negotiating agreements to secure appropriate rights and the creation of revenue streams via licensing arrangements.

IP strategy

Advises in relation to developing and implementing strategies for IP protection and enforcement and ensuring that clients implement appropriate processes to reduce infringement and validity risks.

More: Intellectual property

Dispute over ownership of tanker vessel design

Advised a fleet owner in the defence of a claim concerning the ownership of designs in vessels following the breakdown of a collaboration.

Low-carbon cargo shipping design

Preparing and negotiating a design agreement relating to a low-cost, low-carbon cargo ship for use in coastal environments. The agreement ensured the protection of the IP rights in the novel vessel design for the client.

Energy efficient shipping

Advising a fleet owner in relation to the negotiation of IP and confidentiality provisions in a refit agreement to retrofit technologies to increase energy efficiency.

Superyachts

Advised the owner of a luxury 80m superyacht in negotiating a design agreement with a prestigious yacht designer. Joshua is a member of the firm's Superyacht group.

More: Shipping
  • Consumer
  • Energy and natural resources
  • Technology
  • Life sciences

Marks & Spencer / Katjes Fassin

Acting for M&S and Katjes as co-clients in 3D trade mark infringement proceedings against Swizzels Matlow in relation to the alleged infringement of rights in the famous 'Percy Pig' sweet.

Moët Hennessy

Advising Moët Hennessy, the drinks arm of LVMH, in relation to numerous brand protection, enforcement and advisory matters.

Gap

Advising famous fashion retailer Gap and its other sister brands in relation to brand enforcement and strategy matters in the UK. We are Gap's sole UK legal counsel.

easyGroup

Acting for easyGroup in numerous High Court infringement actions enforcing trade mark rights in its 'easy' family of brands, including easyJet, easyCar, easyHotel and others. Recent judgments include successfully resisting a strike out application on the basis that the UK court maintains jurisdiction in existing EU trade mark claims post-Brexit (easyGroup v Beauty Perfectionists [2021] EWHC 3385 (Ch)).

More: Consumer

Energy-saving water filtration systems

Acting for the patent owner in High Court patent infringement proceedings to protect the IP rights in its energy-saving heating system water filtration unit.

Floating wind foundation design

Advice to a designer of a novel floating wind turbine foundation in the preparation and negotiation of an IP development and commercialisation agreement with a Japanese conglomerate.

Electrification of floating production, storage and offloading vessel (FPSO) Petrojarl Knarr

Acting for Altera Infrastructure in the negotiation of the IP and confidentiality provisions of EPC and charterparty agreements relating to a major refit to electrify and extend the life of an existing FPSO vessel.

Offshore wind turbine installation

Negotiating the IP provisions of an agreement for the provision of design, engineering and installation services for offshore wind turbines.

Misuse of mooring system technology

Advising a leading oil and gas technology provider and vessel owner in relation to the misuse of its designs by competitors.

More: Energy and natural resources

Decentralised finance dispute

Advising the operator of a de-centralised finance protocol in a complex dispute involving the ownership of its underlying intellectual property.

Licensing of wearable sensor patents

Acting for the licensee in the preparation and drafting of a patent and know-how licence agreement.

Semiconductor patent dispute

Advice to a patent owner in relation to the global enforcement of patent rights relating to voltage regulation technology.

Digital payments trade mark claim

Acting for a digital payments network focusing on the African market in defence of trade mark infringement proceedings brought by a larger US company.

Software copyright infringement

Acting as independent adjudicator in a copyright infringement dispute between two parties concerning a claim that a finance system had been copied.

More: Technology
 

GSK

A member of the core team acting for GSK in large-scale High Court, Court of Appeal and overseas proceedings relating to the enforcement of its shape and colour trade marks for the appearance of its inhaler products, including passing off/unfair competition (e.g. Glaxo Wellcome UK Limited v Sandoz Ltd [2019] EWHC 2545 (Ch)).

Manufacturer of personal protective equipment

Advised the defendant in a patent infringement dispute relating to personal protective equipment developed and supplied during the Covid-19 pandemic.

Developer of biological reactor technology

Advised in relation to a collaboration agreement relating to the development of novel designs for bioreactors in the creation of personalised medicines.

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