Caroline Hayward
Caroline specialises in all aspects of intellectual property law, both disputes and transactional, in technology disputes, and in related professional liability cases.
Caroline has acted in disputes across all aspects of intellectual property law. Her experience encompasses High Court proceedings including interim injunctions in relation to trade mark infringement and passing off, proceedings in the UK Intellectual Property Office to oppose third parties' trade mark applications and challenging the validity of trade mark registrations, claims relating to infringement of copyright and design right, claims relating to patents and the professional liability of patent attorneys, claims relating to rights arising in software, disputes relating to dealerships and licensing agreements, and claims brought against cybersquatters to obtain the transfer of domain names.
Specific examples include advising in proceedings between internet service provider AOL and a London estate agency AOL Estates, defending an importer into the UK from China against a claim of infringement of unregistered community design right, defending a claim that an advertisement constituted infringement of a shape trade mark, and acting in the domain name disputes of The Leonard Cheshire Foundation v Paul Anthony Darke [2001] E.T.M.R. 90, waynerooney.com (WIPO D2006-0916) and waynerooney.co.uk (Nominet DRS 03844).
On the transactional side her intellectual property practice includes advice in relation to rights in architectural and engineering designs and in software and databases, negotiation of research & development agreements and licensing of all forms of intellectual property, in particular patents and 'know-how', and advice on copyright and other IP issues which arise in website development.
In relation to IT disputes, Caroline is experienced in disputes arising from the implementation of IT projects, disputes as to software licensing terms, disputes relating to termination of support and maintenance agreements, and disputes relating to the technology side of website development.
Caroline is a member of AIPPI and the Society for Computers and Law.