Gareth is a litigator in the Litigation practice in Edwards Wildman's London office. He is a UK qualified solicitor and New York admitted attorney whose practice focuses on the resolution of technology and intellectual property disputes. Gareth is regularly called upon by clients to urgently resolve cross-border disputes involving the technology, financial services, luxury goods and creative industries.
Gareth works to ensure the proper exploitation of IP rights both locally and internationally and especially in the online environment. His work involves formulating digital strategies, tackling Internet fraud and the misappropriation of protected works, and acting quickly to withdraw counterfeit goods from circulation anywhere in the world. He also evaluates computer-implemented inventions for patent and copyright protection, and has significant experience in the recovery of domain names.
Gareth's notable experience includes:
- Negotiating an exceptional settlement in $20bn "bet-the-company" literary and artistic copyright, trade secret and patent trial through persuasive drafting that provided detailed analyses of the software (Visual Basic) code at issue.
- Forcing the withdrawal of an appeal in a widely reported trade mark action for a prestigious hotel and casino by recovering and organizing evidence the Appellants believed they had destroyed.
- Saving a private equity client over 80% of the claim in an IT mediation.
- Successfully negotiating the settlement of a dispute involving copyright in financial reports for 2% of sum claimed.
- Obtaining two precedent-setting awards in a domain name ADR.
- Coordinating the protection of world-famous brands both on and off-line via Court and ADR proceedings, using a network of professional contacts as well as industry knowledge.
- Securing the favorable settlement of an online dispute by tracing the emails of a "private" registrant and identifying him as a senior employee of investment bank.
- Regularly advising financial institutions, software houses and others on migration, infrastructure, data management and breach of confidence disputes, as well as in relation to: pre-emptive proceedings and international enforcement of judgments; contractual disputes; misuse of the telecommunications system; IP licensing; and IT project management.
Recent Speaking Engagements and Publications
- "CJEU hammers streaming sites with TV Catchup ruling", quoted, World Intellectual Property Review, March 7, 2013.
- "English Court of Appeal's judgment in Football Dataco v. Sportradar has implications for claims against Pinterest, Tumblr and other social media sites, but European Court will have final say," co-author, Edwards Wildman Palmer Client Advisory, February 2013.
- "Social media and intellectual property in Europe", author, E-Commerce Law & Policy, February 2013.
- "Unlucky for some: will 2013 break the Internet?", speaker, Fourth Annual INTERAction IP Law Update, January 2013.
- "Protecting Bioinformatics as Intellectual Property", co-author, Computer Magazine, January 2013.
- "EU Community Trademarks: Ignore National Borders?", co-author, Law360 Expert Analysis, January 2013.
- "The CJEU's missed goal in online football database rights case", author, Intellectual Property Magazine, December 2012.
- "CJEU Suggests Use in Multiple Member States is a Factual, Though Not a Legal, Necessity for Most Community Trade Marks", co-author, Edwards Wildman Palmer LLP Client Advisory, December 2012.
- "European Union - ECJ has its say on genuine use, no de minimis rule laid down", quoted, World Trademark Review, December 2012.
- "Football DataCo Wins Favourable CJEU Ruling in Database Rights Case", co-author, Intellectual Property Magazine, November 2012.
- "Has the ECJ missed an opportunity to bring clarity to database rights?", interviewed, first published in Lexis PSL IP&IT, November 2012.
- "A Game of One Half as CJEU's Ruling in Football Dataco v. Sportradar Lands Short of the Goal", co-author, Edwards Wildman Palmer LLP Client Advisory, quoted by Intellectual Property Magazine, October 2012.
- "A Game of One Half as CJEU's Ruling in Football Dataco v. Sportradar Lands Short of the Goal", co-author, Edwards Wildman Palmer LLP Client Advisory, republished by The Society for Computers and Law, October 2012.
- "CJEU Gives Guidance on Database Jurisdiction in Sportradar Ruling", quoted, Managing IP, October 2012.
- "EU High Court Expands Venue Options for Database IP Suits", quoted, Law360, October 2012.
- "Online and Across Borders: A Net Gain for Technology Companies?", speaker, Edwards Wildman INTERAction Technology Law Update, London, October 2012
- "ONEL: a genuinely useful opinion on the Community trademark?", co-author, World Trademark Review, Issue 39, October / November 2012
- "UsedSoft: Do Creative Industries Need Creative Judges?," author, SCL The IT Law Community, (online July 2012, printed version Volume 23, Issue 3, August / September 2012)
- "National Use Neither Proves Nor Precludes Finding Of Genuine Use of a Community Trade Mark," co author, Edwards Wildman Palmer LLP Client Advisory, July 2012
- "European Union - taking the middle ground on genuine use - the advocate general has her say," quoted, World Trademark Review, July 2012.
- "Customers Can Resell Copies of Downloaded Software; Developers Can Try To Stop Them," co-author, Edwards Wildman Palmer LLP Client Advisory, July 2012.
- "EU Court Ruling Chips Away At Software Copyrights" quoted, Law360, July 2012
- "European Union Court's Wintersteiger Ruling Puts Internet (Forum) Shopping On Ice," author, Bloomberg BNA Patent, Trademark and Copyright Journal, 84 PTCJ 324, July 2012.
- "SAS Disarmed by Uncertain EU Ruling in SAS Institute Inc v. World Programming Ltd," co-author, Edwards Wildman Palmer LLP Client Advisory, May 2012. This advisory has also appeared in IT Law Today Vol. 20, No. 6, June 2012 and was quoted in an article by Society for Computers and Law under the Expert Comment section.
- “The Advocate General considers the principle of exhaustion of rights in downloaded software," co-author, Edwards Wildman Palmer LLP Client Advisory, April 2012. This advisory has also appeared in IT Law Today, Vol. 20, No. 6, June 2012.
- "Court Considers Scope of Copyright Protection for Computer Software" quoted, Lexus Nexus, May 2012
- "Into the Tangled Web," co-author, The Lawyer, April 2012.
- “Viacom v. YouTube: Second Circuit Plumbs the Depths of the DMCA Safe Harbor,” author, Bright Ideas, the Intellectual Property Law Section of the New York State Bar Association Newsletter, Vol. 20, No. 3, Winter 2011.
- "Recent Developments in IP Law," presenter, Brooklyn, New York, 2011.
- "Key Distinctions in the European Approach to Online Jurisdiction and Trademark Disputes," author, NYSBA Bright Ideas, Vol. 19, No. 2, at 39, 2010.
- "Appellate Courts Committee Response to the Request by the New York Court of Appeals for Comments Regarding the Adoption of Mandatory Electronic Filing," co-author, statement on behalf of the NYCLA Subcommittee on Electronic Filing, part of the Appellate Courts Committee, 2010.
- "Obtaining and Using Intellectual Property to Grow your Business," presenter, Brooklyn, New York, 2011.
- "General Court Lays Down a Marker in Trademark and Design Dispute," author, World Trademark Review, 2010.
- "Talking Point: Google Keywords," co-author, World Trademark Review, 2010.
- "Advocate General Deconstructs Lego's Trademark Appeal," author, review of the latest case from Europe to discuss the registrability of shapes as trademarks, World Trademark Review, February 4, 2010.
- "Legal Issues for Creative Artists," speaker, Broadway, New York, 2009.
- "Nominet Dispute Resolution Service Policy and Procedure Amended," author, World Trademark Review, 2008.
- "Getting Connected: A City View," co-author, Law Society Gazette, 2007.
- "IP Criminal Enforcement Directive moves to next step," author, World Trademark Review, 2007.
- "Trademarks Act Clarification Issued by High Court," author, World Trademark Review, 2007.
Before Edwards Wildman
Prior to joining Edwards Wildman Gareth worked at a Silver Circle firm where he developed his IP/IT and Internet-based practices, won the Times Legal Rose Bowl in the 2004 Prospects Cup Tournament and captained the firm's Broomball Team. He has also worked in the software and pharmaceutical industries, and many years ago was a two-time Member of the Northern Ireland Youth Parliament.
Besides Edwards Wildman
Gareth enjoys spending time outdoors and by the sea, travelling to see family in Europe and Canada and visiting New York, where he lived for three years before joining Edwards Wildman. He is also a Formula 1 fan and enjoys music, photography, filmmaking and web-design.