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Kate Swaine

Director
Kate Swaine

I am a director in the Intellectual Property team and specialise in brand and design protection, clearance and enforcement.

Tel: +44 (0)121 685 2982
Email: kate_swaine@wragge.com

Services: Intellectual Property
Business sectors: Food and Drink, Retail, Aviation

Best brains in...

Advising clients on how to get the most from their brands and designs. I work with my clients from the very beginning of the brand or design process to minimise risk, maximise the potential of their intellectual property rights and prevent others from encroaching on those rights. I also have expertise in anti-counterfeiting work, both within the UK and internationally.

Highlight of your career so far?

The most gratifying was covering a client's much-needed holiday leave. I stepped into his shoes as head of legal at the last minute and dealt with all the day-to-day issues he faces. Not only did it give me a great insight into his role, it also meant I had a very happy client who returned to his desk without the usual mountain of queries and problems awaiting him!

Most challenging job you've ever done?

The Kingspan v Rockwool case required me to become an "expert" in EU regulations and directives, international and British standards and UK legislation governing fire safety. My client assured me that I have a future career as a fire safety officer!  

What about outside the UK?

A great deal of my work has an international aspect, with many of my clients having operations in the US, Europe and the Far East. There is a constant need to ensure consistency in the approach to the client's IP portfolio regardless of which jurisdiction it is based in. At the moment I am co-ordinating enforcement issues with lawyers in Canada, Belgium, US, Hong Kong and Italy on behalf of a number of my clients.

Dedication to client care? Prove it!

One of my clients was "dropped in it" and told at very late notice that they had to give a presentation to their in-house marketing team on branding and advertising. After a panicked phone call to me I managed to provide them with a talk and PowerPoint presentation by the next morning. The result was a very relieved client and a marketing team that received a seamless presentation.

When have you ever given a client a real competitive edge?

The best example is the work I do for one of my retail clients. I go to its premises every three to four months and sit down with the design team to review all of the new products in the pipeline, discuss clearance and look at the opportunities to protect the designs. It's great to be involved with the creative process and also means that I can flag up any issues early on for the client and prevent unnecessary expense further down the line.

What's your single greatest contribution to Wragge & Co's corporate responsibility?

I am taking part in the Edinburgh Moonwalk, a 26-mile power walk through Edinburgh wearing a sparkly bra to raise money for breast cancer. The walk starts at midnight and hopefully I will have completed it by breakfast.

What's been written or said about you that you're most proud of?

Antony Barratt at Birds Eye said, Kate "gets her head around the commercial issues of the business...she really talks the same language as the business"

Alerts

09.11.11

Fishy trade mark gets off the hook

HHJ Colin Birss QC has helped resolve two trade mark issues in the High Court.

21.02.11

Kingspan v Rockwool: comparative advertising in the spotlight

Comparative advertising is again in the spotlight, as Mr Justice Kitchin's judgment in Kingspan v Rockwool was handed down on 21 February 2011.

23.07.10

Mismatch of patent + marketing authoristion + product = SPCs rejected

The Patents Court has considered Yeda Research Development Ltd's appeal from the Comptroller who refused to grant it Supplementary Protection Certificates (SPCs) in respect of its combination treatment for tumours.

04.02.09

Google fined for adwords policy

Google has been fined 350,000 euros by a French court for trade mark infringement resulting from its "adwords" policy. Kate Swaine, director in Wragge & Co's brands team, says "This issue is not going anyway for Google."

15.07.08

eBay wins brands battle - but for how long?

eBay will be relieved by yesterday's ruling in the long-running legal action brought against it by Tiffany in the US.

01.07.08

Brand owners score important point in eBay battle

In a decision that is bound to be welcomed by many brand owners, eBay has been ordered to pay more than €38 million (£31.6 million) to the LVMH group.

 

Press releases

21.02.11

Wragge & Co secures winning High Court judgment for Kingspan Group

Wragge & Co's Intellectual Property team has secured a High Court victory for building solutions manufacturer Kingspan Group plc in a trade mark and advertising dispute against Rockwool Limited.

01.04.09

Wragge & Co named European High-Tech Law Firm of the Year

Wragge & Co LLP Intellectual Property (IP) team has been named European High-Tech Law Firm of the Year by Managing Intellectual Property.

21.01.09

Wragge & Co IP litigators score landmark design rights victory

Wragge & Co LLP Intellectual Property (IP) team has secured victory for Premium Aircraft Interiors UK Limited (Contour) in a landmark patent and design rights case.

 

Published articles

07.01.08

No infringement unless the sign indicates origin? Clairty and the Celine case

In the article "Here we go again...Trademark Use" Carina Badger expressed the view that, in light of the Opel decision, the European Court of Justice now always requires use of the offending sign to establish infringement.

 

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