Joshua Cunnington
Managing Associate
An experienced IP lawyer, Joshua helps clients protect, exploit and enforce their rights, with interests in luxury, FMCG, marine, and energy sectors.
Managing Associate
An experienced IP lawyer, Joshua helps clients protect, exploit and enforce their rights, with interests in luxury, FMCG, marine, and energy sectors.
Language - English
Jurisdiction - England & Wales
Advising across the entire lifecycle of his client’s most valuable assets, Joshua assists clients in the protection, exploitation and then enforcement of their intellectual property.
He has particular experience assisting clients in sectors such as consumer retail (including food and drink), energy transition, oil and gas, and marine technologies.
His practice covers 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.
An experienced litigator, he has acted on claims in the High Court and Court of Appeal, the Intellectual Property Office (including advocacy), the Company Names Tribunal and WIPO.
Joshua also has significant experience coordinating multi-jurisdictional IP disputes, having overseen litigation in Sweden, Germany and Japan.
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), 'Offshore Floating Production’, and ‘LNG Offshore Production and Regasification’. He has also been a visiting law lecturer to engineering students at UCL.
Swatch Group v Samsung (Luxury watches)
Acting for the Swatch Group in the damages phase of trade mark infringement proceedings against Samsung relating to infringing smartwatch faces available on the Samsung Galaxy App Store.
Katjes Fassin and Marks & Spencer v Swizzels Matlow (Confectionery)
Represented the owner and licensee of 3D shape trade marks in infringement proceedings enforcing rights in the appearance of the famous 'Percy Pig' sweet against a copycat product. (IL-2022-000111, settled).
easyGroup v Beauty Perfectionists (E-commerce)
Represented easyGroup in High Court trade mark infringement proceedings at trial against the use of easyCOSMETIC. Managed proceedings, including disclosure, evidence and trial. ([2024] E.T.M.R. 36, [2024] F.S.R. 28, [2024] EWHC 1441 (Ch). This case also resulted in an important interim judgment confirming that the High Court retains jurisdiction over EU trade mark claims brought pre-Brexit ([2022] Bus. L.R. 146, [2022] F.S.R. 8, [2021] EWHC 3385 (Ch)).
Moët Hennessy companies (Alcoholic drinks)
Advises the Moët Hennessy group of drinks companies in various matters, including most recently before the UK IPO in opposition proceedings against a gin brand (including personally conducting advocacy at the hearing).
GSK v Sandoz and Vectura and others (Purple inhaler litigation) (Life sciences)
Acted for GSK in very large-scale High Court, Court of Appeal and overseas proceedings enforcing colour and shape trade mark rights in its purple ‘Seretide’ inhaler products. The UK proceedings resulted in a number of important decisions in the law of passing off, joint tortfeasorship, the interpretation of trade marks and the collateral use of documents. (UK trial judgment at [2019] R.P.C. 27, [2019] EWHC 2545 (Ch)).
Tanker design dispute
Represented the owner of a fleet of shallow-draft tanker vessels concerning a dispute in relation to the ownership and use of vessel designs following the collapse of a joint venture.
Cruise ship design dispute
Advised a cruise ship owner in relation to the ownership of the IP in the design of one of its cruise ships as part of a dispute relating to the ability for the shipyard to build further vessels to the same design for third parties.
Oil & gas: Smart Reamer Drilling Systems v NOV Downhole
Represented the Claimant in High Court (IPEC) patent infringement proceedings concerning oil well drilling tool technology. (IP-2017-000162, settled).
Water filtration: Vexo International v Building Services Products Ltd
Represented the Claimant in High Court (IPEC) patent infringement proceedings enforcing rights in its energy-saving water filtration technology (IP-2019-000085, settled).
Floating wind turbine designer
Represented the designer of a novel floating wind turbine foundation in the preparation of a design and development agreement with a large conglomerate.
