Martin Noble

Martin is able to advise on data breaches and can handle ICO complaints and investigations. He also has significant experience in responding to complex subject access requests. Martin has worked closely with clients, delivering on-site training and data reviews in order to help them comply with the GDPR regime.

Recent Work

• Advising a range of businesses on their data protection policies in relation to the collection and retention of data
• Drafting appropriate privacy policies to take account of Privacy and Electronic Communications Directive and GDPR provisions
• Advising on GDPR regime – including significant project with London-based rail company owned by Hong Kong company (training, information updates, leading internal meetings, drafting, advising on strategy and bespoke issues)
• Appeared on the BBC Asian Network news in June 2009 as ‘data protection and IP expert’ reviewing proposed 118118 directory

Martin’s expertise covers the full range of IP rights: patents, trade marks, designs and copyright. This also includes the protection of goodwill and business and individual reputation. Martin also has significant experience of dealing with IP disputes that have an online element, including policing websites and social media platforms on behalf of clients. Previous experience includes:

Recent Work

• Acting for THJ Systems Limited in the Court of Appeal, dismissing the defendants’ appeal against the finding of copyright subsistence and winning THJ’s appeal to obtain an injunction and inquiry as to damages/account of profits (reported here)
• Obtaining interim injunctions against third parties for invoking YouTube’s takedown procedure in relation to work exploited on the platform and acting on subsequent merged proceedings for several Birmingham based record labels and music catalogue owners – the case went to trial in late 2022 and judgment was given in 2023 finding the defendant, Mr Akram Rahi (a renowned Pakistani singer) to have lied in his evidence throughout the case (reported here)
• Successfully defending UK mumpreneur’s ‘ready to cook’ spices and ingredients business after copycat allegations were made by overseas competitors – the UK Intellectual Property Office ruled in her favour and dismissed allegations of bad faith in relation to her “Masalawaala” brand (reported here)
• Acting for UK homeware and furniture supplier in relation to allegations of infringement of United Kingdom unregistered design right by furniture design company. The case also involved arguments over the licence of right provisions, available in the last five years of the design right’s life. The case settled on confidential terms.
• Acting for alleged lookalike brand against owner of Lurpak brand in relation to trade mark infringement and passing off in respect of name and packaging of spreadable butter product.
• Successfully defending action by Google and eBay against eeBUYgumm through Nominet’s dispute resolution service (reported here)
• Acting for patentee of roof bracket for solar panel systems and negotiating undertakings and settlement agreement with damages and costs. Subsequently obtaining Norwich Pharmacal order against an associated party for disclosure of supplier details.
• Acting for worldwide weight management brand owner, taking local action where appropriate against infringers and distributors. Also advising on brand licences, online policies, comparative advertising and collaboration agreements. Issuing proceedings for trade mark infringement in relation to online eBay selling
• Acting for renowned graffiti artist in copyright infringement proceedings against art gallery
• Policing objectionable activities on social media platforms such as Twitter, YouTube and Facebook – issuing successful takedown notices and tracking activities through domain providers
• Acting for a Building Society defending trade mark infringement and passing off proceedings in IPEC and cancellation proceedings at the IPO – obtaining favourable settlement through mediation
• Acting for software company in misuse of confidential claims against former employees; working alongside employment team to deal with disciplinary proceedings
• Acting for major manufacturer competitors in substantial dispute including patent infringement and validity proceedings issued in both UK and Ireland and two additional sets of UK design right proceedings (including registered Community design). The case involved co-ordinating UK and Ireland proceedings and lawyers in Ireland. Following disclosure and preparation of witness evidence, a confidential settlement was reached before trial
• Preston Innovations Limited v Ultimate Angling Limited & 2 Ors, Patents Court, 2013 – successful patent infringement action, which included factual and expert evidence on whether prior art alleged by defendant was made available to the public. Successfully obtained injunction against all three defendants, damages enquiry to follow, along with indemnity costs order
• Care Monitoring 2000 v Burrell & Ors [2009] Patents County Court – advising joint owner of UKUDR and registered Community design in home care monitoring device against other joint owners and securing injunction order preventing further exploitation
• Thorn Security Ltd v Siemens Schweiz AG [2008] EWCA Civ 1161 (22 October 2008) – working on patent infringement and invalidity proceedings to High Court then Court of Appeal. Technology related to thermoplastic coating on printed circuit boards. Case also involved title and registration issues from Swiss law transactions. Acted for Thorn Security and were successful on appeal.
• Acting for patentee in infringement action covering ground testing equipment for silos – obtaining undertakings and damages payment

Martin has extensive experience of helping brand owners to set up their relationships with third parties and then effectively monitor and police what can be a significant investment.

Recent Work

• Successfully defending UK mumpreneur’s ‘ready to cook’ spices and ingredients business after copycat allegations were made by overseas competitors – the UK Intellectual Property Office ruled in her favour and dismissed allegations of bad faith in relation to her “Masalawaala” brand (reported here)
• Defending a publisher against a claim of trade mark infringement and passing off by owner of the Le Mans brands
• Achieving favourable settlement for owner of “BEERSAVER” brand against competitor who used the same sign
• Drafting intra-group lP licence and third party licences for large food manufacturer (also a Direct Selling Association member); drafting branding usage agreement to make available online branding templates to distributors
• Acting for UK buying group in automotive aftermarket, including: drafting supplier and distribution agreements, franchise advice, enforcement action, data protection issues and managing online activities
• Advising European arm of global barrier protective products and safety equipment business on IP ownership, online promotions, website policies and ex-employee activities (theft of software)
• Celebrity endorsement agreements for internationally renowned weight plan product and German bathroom product manufacturer
• Terms and conditions for promotions and competitions, including advice on BCAP code requirements