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Luke Moulton

Partner


Why choose me

I specialise in complex commercial disputes and intellectual property litigation, with particular experience in the advanced manufacturing, media and entertainment and technology sectors.

In commercial litigation, my experience includes:

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

I regularly advise clients on the protection and enforcement of the different intellectual property rights, and act for both claimants and defendants.

In relation to confidential information, my experience includes:

  • Advising an international publisher in relation 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.
  • Advising a software supplier in respect of an alleged breach of confidence and copyright infringement by a former employee.

In relation to copyright, my experience includes:

  • 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). The case was settled before Appeal.
  • Advising several professional photographers in copyright infringement claims, including representing photographers in proceedings in the Intellectual Property Enterprise Court.

In relation to design rights, my experience includes:

  • Advising a wheelchair manufacturer on the alleged infringement of a registered design relating to a wheelchair.
  • 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.

In relation to patents, my experience includes:

  • 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.
  • Advising a manufacturer in connection with patented technology in double glazing units.

In relation to trademarks, passing off and branding, my experience includes:

  • 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.
  • Advising clients in respect of company name and domain name disputes, including in Company Names Tribunal proceedings and domain name dispute resolution proceedings.

Outside of work, I am a competitive club runner and a long-suffering supporter of the Blues (Birmingham City). I also have three young girls that keep me busy.

Luke Moulton

I specialise in complex commercial disputes and intellectual property litigation, with particular experience in the advanced manufacturing, media and entertainment and technology sectors.

In commercial litigation, my experience includes:

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

I regularly advise clients on the protection and enforcement of the different intellectual property rights, and act for both claimants and defendants.

In relation to confidential information, my experience includes:

  • Advising an international publisher in relation 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.
  • Advising a software supplier in respect of an alleged breach of confidence and copyright infringement by a former employee.

In relation to copyright, my experience includes:

  • 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). The case was settled before Appeal.
  • Advising several professional photographers in copyright infringement claims, including representing photographers in proceedings in the Intellectual Property Enterprise Court.

In relation to design rights, my experience includes:

  • Advising a wheelchair manufacturer on the alleged infringement of a registered design relating to a wheelchair.
  • 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.

In relation to patents, my experience includes:

  • 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.
  • Advising a manufacturer in connection with patented technology in double glazing units.

In relation to trademarks, passing off and branding, my experience includes:

  • 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.
  • Advising clients in respect of company name and domain name disputes, including in Company Names Tribunal proceedings and domain name dispute resolution proceedings.

Outside of work, I am a competitive club runner and a long-suffering supporter of the Blues (Birmingham City). I also have three young girls that keep me busy.

Send me a message