Charlotte Blythe (née Scott)
Year called:
2012
Practice areas:
IP, Copyright & Design, Trade Marks, IT, Media & Entertainment, Chancery & Commercial
Email:
Charlotte has a broad intellectual property law practice, with a particular focus on soft IP and media. She regularly appears in both the IPEC and the High Court for trials, CMCs and interim applications. She also regularly appears in the Trade Marks Registry, before the Appointed Persons and has appeared in the General Court of the CJEU.
Profile
Prior to coming to the Bar, Charlotte was a Scholar of Emmanuel College, Cambridge where she read Law.
After graduating in 2010, she worked at a commercial law firm in Sydney, Australia, before returning to the UK to help found a company performing graduate recruitment consultancy for SMEs, Instant Impact Ltd. Instant Impact is now a leading specialist graduate recruitment agency and Charlotte continues to be involved in the company’s legal and commercial affairs. This experience provides Charlotte with a valuable insight when advising commercial clients.
Charlotte commenced pupillage at Hogarth Chambers in September 2012 and accepted an offer of tenancy in September 2013. During her pupillage, Charlotte was involved in a broad range of intellectual property matters; she also gained considerable experience in Chancery and general contractual matters having been instructed as junior counsel on a 10-day trial in the High Court concerning partnerships and breach of trust.
Charlotte now practises in all fields of intellectual property, with a particular focus on soft IP such as trade marks, passing off, copyright and design right. She regularly appears in both the High Court and the IPEC (including the small claims track) for trials, CMCs and interim applications, including interim injunctions. Charlotte also appears frequently in the Trade Marks Registry and before the Appointed Persons; according to the CITM Review 2017, Charlotte was the barrister with the most appearances at the UK IPO in 2017. She also recently conducted a hearing in the General Court of the CJEU.
Charlotte was awarded the AIPPI Prize for 2015 for her contribution to the UK’s responses to AIPPI’s “Questions” for 2015.
In addition, Charlotte teaches on the Professional Certificate in Trade Mark Practice for Trade Mark Attorneys course at Nottingham Law School and is a contributor to Copinger & Skone-James on Copyright.
Directory & Testimonial Quotes
Chambers & Partners 2019
Intellectual Property: "She is a very safe pair of hands and is very pragmatic."
Charlotte is mentioned in the Who's Who in the Law 2015.
Cases
Just TM, BL O/662/18 (decision of 18 October 2018) – an application to cancel a trade mark for non-use, specifically concerning variant use.
Ecoffsite TM, BL O/471/18 (decision of 30 July 2018) – a trade mark opposition in the UK IPO based on relative grounds with a focus on proof of use.
Smartworking Summit TM, BL O/437/18 (decision of 19 July 2018) – a trade mark opposition in the UK IPO based on relative grounds.
Optronics TM, BL O/368/18 (decision of 18 June 2018) – a trade mark opposition in the UK IPO based on relative grounds.
BMW v Kellmatt Ltd [2018] EWHC 2090 (IPEC); [2018] 6 WLUK 233 (13 June 2018) – two cross summary judgment applications in an IPEC trial concerning infringement of a trade mark by a printer of promotional materials for use by a third party.
Brandft TM, BL O/353/18 (decision of 4 June 2018) – an appeal to the Appointed Person concerning a trade mark opposition based on the likelihood of confusion.
Wise Driving TM, BL O/254/18 (decision of 24 April 2018) – an appeal to the Appointed Person concerning a trade mark opposition based on relative grounds.
Just Pizza & Pasta BL O/249/18 (decision of 24 April 2018) – a trade mark opposition in the UK IPO based on relative grounds.
Lifestyle Equities CV & Anor v Sportsdirect.Com Retail Ltd & Ors [2018] EWHC 728 (Ch) (20 April 2018), Lifestyle Equities CV & Anor v Sportsdirect.Com Retail Ltd & Ors [2018] EWHC 962 (Ch) (20 April 2018) - a 6-day High Court trial concerning trade mark infringement and inducing breach of contract. Preceded by a security for costs application: [2017] EWHC 2384 (Ch).
Student Union Lettings Ltd v Essex Student Lets Ltd [2018] EWHC 419 (IPEC) – an IPEC trial regarding trade mark infringement, specifically concerning the s.11(3) defence.
Birlea Furniture Ltd v Platinum Enterprise (UK) Ltd [2018] EWHC 26 (IPEC) – an IPEC trial concerning trade mark infringement via an online marketplace.
UBS Smartwealth TM, BL O/094/18 (decision of 9 February 2018) – a trade mark opposition in the UK IPO based on relative grounds.
SearchChildcare TM, BL/O/086/18 (decision of 5 February 2018) – a trade mark opposition in the UK IPO based on absolute grounds.
Bed Bath ‘n’ Table TM, BL/O/085/18 (decision of 2 February 2018) – an appeal to the Appointed Person concerning a trade mark opposition based on absolute grounds.
Sanskriti Guru TM, BL/O/054/18 (decision of 24 January 2018) – a trade mark opposition in the UK IPO based on relative grounds.
Skyclad TM, BL/O/031/18 (decision of 12 January 2018) – a trade mark opposition in the UK IPO based on relative grounds.
BMW AG v Technosport London Ltd [2017] EWCA Civ 779; [2017] ETMR 32 - an appeal to the Court of Appeal in respect of trade mark infringement and passing off concerning use of the word BMW by an independent, specialist garage.
Kenneth Turner Floral Couture TM, BL/O/562/17 (decision of 8 November 2017) – a trade mark opposition in the UK IPO based on relative grounds.
London Beat Radio TM, BL/O/517/17 (decision of 17 October 2017) – a trade mark opposition based on relative grounds.
Asia Standard TM, BL/O/375/17 (decision of 9 August 2017) – a trade mark opposition based on relative grounds.
Owl Logos TM, BL/O/340/17 (decision of 19 July 2017) – a trade mark opposition based on relative grounds.
Bentley Motors Limited v Bentley 1962 Limited (ongoing) - a trade mark dispute relating to the rights in respect of BENTLEY-branded clothing. The dispute has resulted in various decisions in the UK IPO (both at first instance and before the Appointed Person) and the EUIPO.
Burgon & Ball Limited v Bosmere Products Limited (settled March 2017) - an IPEC multi-track claim relating to gardening products including trade mark infringement, passing off and infringement of copyright.
Empire TM, BL O/120/17 (decision of 14 March 2017) - an appeal to the Appointed Person concerning opposition to two trade marks based on earlier trade marks and bad faith.
Unilever NV v OHIM, Technopharma Ltd Intervening, Case No. T-811/14 (judgment of 17 February 2017) - an appeal to the General Court, representing the Intervener, concerning various EUTM oppositions and cross cancellation applications and the principles surrounding stays in the EU IPO.
TT Education Limited v Pie Corbett Consultancy Ltd, BL O/017/17 (decision of 19 January 2017) - an appeal to the Appointed Person relating to various cross applications for conflicting trade marks based on both absolute and relative grounds.
K&N Engineering Inc v K and N Engineering Kent Ltd (unreported, January 2017) - an application to commit the defendants to prison for breaches of an injunction relating to trade mark infringement and passing off.
Casamigos TM, BL/O/415/16 (decision of 30 August 2016) – a trade mark opposition at the UK IPO based on relative grounds.
Far East Direct UK Ltd v Phillips Pet Supplies & Ors (settled May 2016) - an IPEC claim for groundless threats of design right infringement.
The One Blue TM, BL O/165/16 (decision of 22 March 2016 at CMC) - an appeal to the Appointed Person concerning an opposition of a trade mark on absolute grounds.
The National Guild of Removers and Storers Ltd v Central Moves Ltd & Anor (December 2015, appeal pending) - a claim for passing off in the IPEC small claims track. The Claimant sought to appeal the decision relating to the damages awarded on the basis of a reasonable royalty.
Plant Theatre Ltd v Garden Best Buy Ltd & Anor (October 2015) - a successful passing off (based on get up) and trade mark infringement claim in the small claims track of the IPEC.
Thomas Hardy's Ale TM, BL O/453/15 (decision of 29 September 2015) - a successful revocation of two trade marks for non-use in the UK IPO.
Realtor TM, BL O/426/15 (decision of 9 September 2015) - a successful trade mark opposition in the IPO.
The Lacamanda Group v OHIM (ongoing) - appeal to the General Court concerning a trade mark opposition rejected by OHIM.
Ezyorder.com’s Trade Mark Applicatio, (BL O/212/15 (decision of 7 May 2015) - a trade mark opposition by Easygroup Ltd. Charlotte successfully represented the trade mark applicant.
Nicholsons Solicitors v Jones (February 2015) - a successful application for an interim payment in relation to a claim for unpaid fees in the Queen’s Bench Division.
Phonographic Performance Limited v John Nash (trading as Charlie Wrights International) (January 2015) - successful application for a charging order in respect of judgment concerning copyright infringement.
McCormack Training Limited v Goldmark Training Services Limited & Anor [2015] EWHC 41 (IPEC) - a 2-day copyright infringement action in the IPEC, including literary, dramatic and photographic copyright in instruction manuals.
Phonographic Performance Limited v John Nash (trading as Charlie Wrights International) [2014] EWHC 3986 (Ch) - a successful summary judgment application in the High Court in relation to a copyright infringement action.
Anglian Windows Limited v Anglian Roofline Limited [2014] EWHC 4204 (IPEC) - a successful interim injunction application in the IPEC in relation to trade mark infringement and passing off.
Volkswagen AG v Garcia [2013] EWHC 1832 (Ch); [2014] FSR 12 – an application for an interim injunction relating to confidential information, freedom of expression and publication of security algorithms.
Mukerjee v Sen [2013] EWHC 1997 (Ch) - partnerships and accounts.
Contributed to as a pupil:
Pendle Metalwares (t/a Thomas Barker & Son) v Walter Page (Safeways) Limited [2014] EWHC 1145 (Ch) – damages inquiry for unregistered design right infringement.
Magmatic Ltd v PMS International Ltd [2013] EWHC 1925 (Pat); [2014] RPC 23 – infringement of design right and registered design in relation to the well-known 'Trunki' children's suitcase.
Forstater v Python (Monty) Pictures Ltd [2013] EWHC 1873 (Ch) – a claim for rectification of a contract by the producer of 'Monty Python & the Holy Grail'.
Fine & Country Ltd v Okotoks Ltd [2013] EWCA Civ 672 (Court of Appeal); [2014] FSR 11 - passing off and trade mark infringement trial in the Court of Appeal.
Swarovski-Optik KG v Leica Camera AG [2013] EWHC 1227 (Pat) – patent infringement trial in the High Court.
SAS v World Programming [2013] EWHC 69 (Ch); [2013] RPC 17 – the extent of copyright protection for computer software.
Membership
Intellectual Property Bar Association
International Association for the Protection of Intellectual Property (AIPPI UK)
Chancery Bar Association.
Qualifications and Regulations
Qualifications
BA(Hons) in Law, University of Cambridge 2010
Called to the Bar, Inner Temple 2012
Bar Professional Training Course, 2012
Regulations
Charlotte is a self-employed, independent barrister whose practice is governed by the Code of Conduct of the Bar of England and Wales. She is registered with the Bar Standards Board of England and Wales (Bar Ref: 59731).
She has professional indemnity insurance provided by the Bar Mutual Indemnity Fund (BMIF Ref: 2190/059). Please refer to the BMIF website for full details of the world-wide cover provided, and the BMIF’s contact details.
Publications
LexisNexis (since 2016/2017) - Charlotte is a member of the Q&A and InBrief IP and IT panels on the LexisNexis subscription site LexisPSL
IPR Col.l 38 Issue 5 2016 on Damages Inquiries and Accounts for Profits in the IPEC
EIPR Col.l 38 Issue 4 2016 on Minder Music v. Sharples
Human Interest
Charlotte regularly plays tennis and netball. She also enjoys skiing and loves to travel.
She is an active member of the IPSoc Committee (the society for junior IP practitioners), having been Social Secretary for 2014-2015.
