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James Tumbridge is counsel to Gowlings' London office, practising in the areas of litigation, alternative dispute resolution (ADR), intellectual property and commercial law.
Trained as an English barrister, James has wide jurisdictional experience having practiced law in England and Wales, the United States and Canada. He is an advocacy and litigation specialist whose practice has covered a wide variety of matters from commercial litigation, admiralty and IP disputes to employment disputes and mortgage repossession claims. James has appeared in the English High Court, the Ontario Court of Appeal, the English Court of Appeal, and worked on two matters before the House of Lords as well as working with Gowlings offices on Supreme Court of Canada Cases.
James’ main disputes practice focuses on patents, copyright, trade marks and designs, and he is known for his alternative dispute resolution (ADR) work. James is also an ad hoc advisor to various UK MPs and MEPs on a range of IP and dispute issues. Through his engagement with policy makers he has extensive Government relations experience and advises clients on how to prepare for legislative changes and regulation compliance.
James is a also qualified mediator, listed with the world intellectual property organization (WIPO), the United Kingdom Intellectual Property Office, ADR Group, IDRS, Talk Mediation, Clerksroom and a number of other ADR providers.
- Titus v Bolden James – [2011] EWCA Civ 993 – Emergency injunction to restrain software release for breach of confidential information, High Court to Court of Appeal in one day. Changed the law on equitable relief on foreign claims.
- Select Healthcare Limited v Cromptons Healthcare Limited – [2011] EWHC 1830 (Pat), [2011] EWHC 796 & 797 (Pat)) – patent infringement & validity matter, also addressing requirements of statements of case and permissions of experiments as well as ADR.
- Gham & Anor. v First Dragon Limited – Queens Bench, December 10th 2010, (unreported) decision of Master Moncaster on the test for transfer from the High Court to the Patents County Court.
- Philip Morris Products S.A. v. Malboro Canada Limited – [2010] FC 1099 – trade mark dispute concerning a split brand ownership and the right of one trade mark holder to prevent another from using a different and valid trade mark on the grounds of confusion - advice on English law relating to concurrent ownership, use and confusion
- Bridgeview Manufacturing et al. v. Duratech et al., [2010] FCA 188 (FCA) – patent validity matter – expert evidence advice on English law provided regarding patent validity.
- Croll v Radford et al – Chancery Division 2009 & 2010 – (unreported) Decisions of Master Teverson – penalising in costs parties who agreed then repudiated to mediate in a probate matter.
- Bank of New York v Montana [2008] EWHC 1594 (Ch) – Construction of contracts in relation to a Special Investment Vehicle.
- Mobil Cerro Negro Ltd. v. Petroleos De Venezuela SA [2008] EWHC 532 (Comm) – Variation to a World Wide Freezing Order.
- Rhône-Poulenc Rorer International Holdings Inc and another v Yeda Research and Development Co Ltd [2006] EWHC 160 (Ch), [2006] EWCA Civ 1094, [2007] RPC 9 [2007] UKHL 43 – Patent Entitlement and the proper construction of pleadings and limitation in relation to such claims.
- Nokia v InterDigital Corporation [2004] EWHC 2920 (Pat) and [2005] EWCA Civ 614 – Patent validity and power of the Court to declare patents essential to standards.
- CCH Canadian Ltd. v Law Society of Upper Canada [2004] SCC 13. – Supreme Court of Canada - Copyright decision regarding fair dealing and original works in law reports.
- Evans v Malley Organisation Ltd (CA) [2003] IRLR 156; [2002] EWCA Civ 1834 – Employment and the proper calculation for rates of pay.
- Scancom International A/S v RWH Enterprises Ltd [2003] All ER (D) 89 – Sale of Goods, entitlement to repudiate contract based on performance and whether goods sold by sample or description.
- Lloyds TSB Bank plc v Hayward (CA) [2002] EWCA 1813 [12 December 2002] LTL 12/12/02 – Liability for a guarantee when agreement varied unilaterally.
- Wasserman Arsenault Ltd. v Sone [2002] OJ No. 1221 & 3772, (2002) 157 OAC 183, 33 CBR 145 Ontario Court of Appeal – Rights of trustees to fees in bankruptcy cases.
A prolific author, James' writing has been featured in inter alia, International Company and Commercial Law Review, Commercial Litigation Review, World Intellectual Property Report, EIPR, AIPPI, Canadian Intellectual Property Journal, ABA IPL Section, BioScience Law Review, the Law Society of Upper Canada Intellectual Property Law Year Review 2003, Shoosmiths Review, The Harold G. Fox Trust, Oxford Journal of IP Law & Practice, and in the Federated Press Federal Intellectual Property Review Journal.
James is also the author of a book on qualification: Tumbridge's Guide to Legal Qualification: The Common Law World.
Example Articles:
- "EUROPEAN UNION: Advocate General Recommends End to Use of Class Headings" – INTA Bulletin Vol. 67 No. 2, January 16th 2012
- "England Outsprints Germany in Expediting Apple vs HTC" – BNA International – World Intellectual Property Report Vol 25, No. 11, November 2011
- "A cunning fox defeats the pirates: 20th Century Fox v Newzbin" [2011] EIPR 401
- "Extending Patent Protection – Should we be counting sheep?" – CIPA Journal April 2011
- "Arbitration: Can you choose your arbitrator or not? Jivraj v Hashwani" – [2011] 6 I.C.C.L.R. 2011
- "United Kingdom: Comparative Advertising What is a Permissible use of a Mark"- INTA Bulletin Vol. 66, No. 8, April, 2011
- "European Union: Consumer protection of sub-brands, the Ann Taylor Loft case"- (Verifier of article) INTA Bulletin Vol. 66, No. 8, April, 2011
- "Defamation Blogs and the lesson of Labourhome" – [2010] EIPR 599
- "The Role of the Expert Witness: The European Perspective" – National Litigation Consultants Review, Aug/Sept 2010
- "VODKA is Special: the VODKAT case" - [2010] EIPR 290
- "EUROPEAN UNION: Technical Necessity Prevents Protection of Well-Known Shape of LEGO Bricks as a Trademark "- INTA Bulletin Vol. 65, No. 19, November 1, 2010
- "Licensing Disputes and Insolvency," Volume 22, No. 1, Fall 2010 issue of Intellectual Property Litigation, published by the American Bar Association
- "Budweiser & Budvar: Indications of Origin, the Austrian Issue Again? – INTA Bulletin Vol. 65 No. 9 May 1st 2010
- "Rules Governing Experts: The European Perspective" – ABA Section of Litigation, 2010 Annual Review, April 2010
- "MG: Who is the true owner?" - INTA bulletin Vol. 65 No. 8 April 15th 2010
- "European Anti Suit Injunctions a Sea Change?" - Comm Lit Review (2010) Vol. 8 No. 1
- "Twitter: who’s really there?" - (2010) 5 J.I.P.L.P. No. 2
- "CA, US and UK approaches to Obviousness - Do the decisions of the UK provide guidance for Canadians?"- CIPA Journal (2009) Vol. 38 Issue 11
- "Respect for the commercial meaning of franchise restrictive covenants: Do the UK and Canada diverge?" (2009) 4 J.I.P.L.P.
- "Defamation - The Dilemma for Bloggers and Their Commenters" - [2009] EIPR 505
- "English Courts have power to grant partial enforcement of disputed arbitration awards" - Comm Lit Review (2009) Vol. 6 No. 4
- "Famous Trade Marks: Does Canada have lessons for Europe?" - [2008] 30 EIPR 357
- "How far will the English Court go in awarding World Wide Freezing Injunctions in support of foreign arbitrations?" - (2008) 19 I.C.C.L.R. 290
- "Patent Damages the European Landscape" (2008) 3 J.I.P.L.P. 9
- "Trade Marks: The Confusion of 'Use'" - (2005) 18 Intellectual Property Journal 257
- "Canada defines ‘originality’ and specifies the limits of ‘fair dealing’" - [2004] EIPR 318
Example Presentations:
- Speaker at the Fordham International IP Conference on European Patent Reform 2012
- Speaker at the IPIC Conference on Litigation Reform and IP disputes 2010
- Speaker at the IPIC Conference on both Mediation and IP disputes 2009
- Speaker at the World Summit of Corporate Counsel on ADR 2009
- Speaker at the East Anglian Mediation Seminar of CEDR, Cordex and Talk 2008 & 2009
- Speaker at the IT and E-Commerce Update Conference 2008
- Speaker and Session Co-chair Commonwealth Conference 2007
- Speaker American Bar Association IPL 2004
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