Hat Trick

Author Edgar Degas Public Domain Source Wikimedia Commons

Jane Lambert

I mentioned The Creative Collective when it hosted Rita Britton in April 2024 (see Meeting Rita Britton, a Living Legend 9 April 2024).  The Collectiive's guest this morning was milliner speaker and blogger Sherry Richardson, another South Yorkshire fashion influencer.

Sherry recounted her life and career before she became a milliner.  She remembered a newspaper report about a millinery course and decided to enrol,.  She hoped that it might be possible to sell a few hats to her friends,  She brought two examples of her handiwork with her as well as a hatter's block which could be anything from 80 to 100 years old.   In the course of Sherry's lecture, I remembered that I had been at school with David Shilling who famously made the most unusual hats for his mother.   Sherry remembered him from a charity event at which he was the guest of honour.

In my previous article, I mentioned that Rita Britton had said that she was designing a bag listing Barnsley among the world's fashion capitals.   Today I saw an example of that product with the latest signage which has evolved as follows:

NEW YORK

PARIS

LONDON

BARNSLEY

That is not entirely tongue-in-cheek. There is a growing community of highly talented designers, makers and distributors in South Yorkshire.

Hats like Sherry's are probably protected from copying by copyright for the rest of Sherry's life plus 70 years as works of artistic craftsmanship.  Designers with reputations should think about registering their brands as trade marks here and in every other country in which they have a market.  Designs of items that are to be manufactured or licensed should be registered under the Registered Designs Act 1949.

Anyone wishing to discuss this article may call me on 07966 373922 during UK office hours or send me a message through my contact page.

Meeting Rita Britton, a Living Legend

Jane Lambert

For the last 20 years, I have offered a free advice service on intellectual property and technology law to tenants of the Barnsley Business Village and other local businesses known as "Initial Advice and Signposting".  One of those tenants is Clea Digital which hosts a monthly event at the Business Village called the Creative Collective.  I attended that event yesterday because the guest speaker was Rita Britton.

Ms Britton is a living legend because she set up and ran a remarkable business called "Pollyanna."  This was a shop in Barnsley town centre that sold clothes and accessories from the world's top designers.  Though I am not sure whether I ever bought anything other than refreshments in the shop's cafe, I made a point of visiting it to admire the merchandise whenever I was in Barnsley.  If I met a visitor from another part of the UK or from overseas I would send them to the shop.  Ms Britton closed Pollyanna in 2014 after suffering a stroke and brain haemorrhage (see Rita Britton closes Pollyanna boutique in Barnsley after 50 years 16 June 2014 BBC website),  

Closing that shop was not the end of Ms Britton's story because she is still in business.  She recently incorporated a company called Pollyanna Barnsley Limited to make and sell clothing and accessories. That company is one of the tenants of the Business Village.  Yesterday's Creative Collective meeting was attended largely by Ms Britton's fellow business owners and tenants.  Most of the audience were women but I counted several men including Mr Kevin Steel, the Business Development Manager of the Business Village.

Ms Britton spoke animatedly and energetically without notes about her life and work  She mentioned her parents, upbringing and education.  She left school at 15 and found a job in a paper mill.  She passed her driving test soon after her 17th birthday which was apparently unusual for girls of her age in her neighbourhood  Her employer made use of that skill by asking her to transport workers to its premises in the South of England whenever some extra help was needed. She rose quickly through the company which provided an opportunity for her to learn a lot of useful management skills.

She opened her business with help from her father,  One of her first suppliers was Mary Quant and she also mentioned Barbara Hulanicki.  She spoke nostalgically about the 1960s and all the changes that it brought socially and culturally. Before the 1960s girls would dress like their mothers. The miniskirt allowed them to look and behave very differently.  I remember that period well though I am a few years younger than Ms Britton and grew up in suburban Surrey.  The social and cultural changes that she mentioned coincided with the change of government which led to the abolition of capital punishment and decriminalization of homosexuality.  There was also England's victory in the World Cup, protests against the Vietnam War, the first stirrings of women's liberation, the availability of oral contraceptives, student riots in Nanterre and the idea of flower power which contributed to the mood of the times.

Ms Britton mentioned some of the great personalities of the fashion world with whom she had negotiated.  She compared a visit to Jean Muir to an audience with the late Queen.  Some of her suppliers were very snooty on learning that she came from Barnsley.  Others showed great courtesy.  She found the Japanese to be particularly accommodating.  She recalled an incident where a Japanese supplier dismissed a Scottish employee who had been particularly offensive to Ms Britton during difficult times.  Ms Britton described herself as placid by nature but she quickly learned how to deal with aggressive behaviour in others.

The last part of her talk covered plans for her business.  She had recently designed a new bag with the words 

LONDON
PARIS
NEW YORK
BARNSLEY

but was thinking of omitting the word London.  One member of the audience suggested striking out all the names except Barnsley.  She had met some pushback from customers in London, two of whom are members of my profession.    She also spoke of the opportunities that she wanted to create for young designers.   She passed around a catalogue of jewellery made from jet which she had introduced to Dover Street Market.  What was needed, in her view, was a centre of excellence for local designers.   After her talk, I mentioned that we had such a centre in Huddersfield.

Today is one of the days on which I visit the Business Village for my drop-in IP clinic.  I have not had any appointments for today so far. However. I have been the first port of call for many young designers from all parts of the country who have sought advice on trade marks for their branding, registration for their product designs and copyright and design right protection for their merchandise and promotional materials.

Anyone wishing to discuss this topic further can call me on 020 7404 5252 during office hours or send me a message through my contact form at other times.

Relaunch of the Barnsley IP Clinic

Photo ChicXulub Licence CC BY-SA 4.0 Deed Source Wikimedia Commons

 

Jane Lambert

Until the pandemic, I held pro bono consultations on IP and tech law at the Barnsley Business Village on the second Tuesday of every month. I continued to offer those consultations over Zoom during lockdown and afterwards (see IP Clinics FAQs 8 March 2023 IP Yorkshire). Even though a consultation could take place at almost any time they were never as popular as the drop-in clinic. Barnsley Business Village is therefore restoring the one-to-one clinics at the Business Village with effect from 16:00 on Tuesday 12 March 2024.

The new clinics will differ slightly from the previous ones in two respects,   First, I have recruited patent and trade mark attorneys and other IP specialists to our clinic.  If, for example, you want to apply for a patent for your invention you need to talk to a patent attorney rather than a lawyer like me.  If you need a prototype I will introduce you to a product design consultant.   I have spent my career advising specialist solicitors and patent and trade mark attorneys on difficult points of law, drafting complex legal instruments for use in business as well as litigation and representing parties in court, IPO tribunals and negotiations.  I should be best placed to advise on strategy, licensing and dispute resolution. Secondly, we shall make more use of Zoom and other technologies so that we can address your issues promptly. rather than wait until the second Tuesday,

The first step is to contact us,   The best way is by completing the form below but you can also call the Business Village on  01226 249590 or me on 020 7404 5252 to make an appointment for initial advice and signposting   If I think someone else is better placed to help you than me I will put you in touch with them.  Whoever you see will give you up to 30 minutes of his or her time absolutely free. 

Fill out my online form.

Bringing or Defending a Small IP Claim in Leeds

Author Rich Tea Licence CC  BY-SA 2.0 DEED  Source Wikimedia Commons

 

Jane Lambert

Nearly 10 years ago I wrote How to Bring or Defend a Small Intellectual Property Claim in the Intellectual Property Enterprise Court in NIPC London. I wrote it with litigants in person in mind though I thought it would also be useful to lawyers who do not specialize in intellectual property and patent and trade mark attorneys who do not litigate regularly in the civil courts. It was intended to supplement A Guide to Bringing and Defending a Small Claim by the Civil Justice Council and A Guide to the Patents County Court Small Claims Track which has been replaced by the Guide to the Intellectual Property Enterprise Court Small Claims Track ("the Guide").

Much of that article remains true though there have been a number of developments since then.  The UK has left the European Union which means that IPEC is no longer a Community designs or EU trade mark court. Disputes over unregistered Community designs or EU trade marks that have arisen since 31 Dec 2020 are no longer within the IPEC Small Claims Track's jurisdiction.  The Leeds District Registry and the District Registries of several other major cities have been integrated with the courts in the Rolls Building in London to establish the Business and Property Courts (see my article Launch of a Judicial Super Highway? 12 July 2017 IP Northwest).  As a consequence of that integration it has been possible to bring certain types of small intellectual property claims in Leeds for most of the last 5 years (see Jane Lambert Small Claims Track IP Litigation in Leeds 10 July 2019).  According to Annex A of the Guide small IP claims in Leeds come before District Judge Prest KC.  Since 3 July 2023 most small IP claims litigation has been conducted in the North because Manchester Civil Justice Centre is now the new home of the IPEC Small Claims Track (see Jane Lambert IPEC Small Claims to be managed in Manchester 9 June 2023 IP Northwest).

The sections of How to Bring or Defend a Small Intellectual Property Claim in the Intellectual Property Enterprise Court that continue to apply are those headed "Do you need a Lawyer?" and "Have you got a Case?"  In addition to the pro bono services listed in section 6 of the Guide, I would add IP Pro Bono which is now part of Lawworks, Advocate which was formerly known as "Bar Pro Bono" and my own "Initial Advice and Signposting" clinic which I run in conjunction with Barnsley Business Village.  

It is still necessary for claimants to write a "letter before claim" unless there are very good reasons not to do so but the practice direction referred to in the section headed "Pre-Action Correspondence" has been revoked and replaced with the Practice Direction - Pre-Action Conduct and Protocols (see my article What to do about the new Practice Direction - Pre-Action Conduct 6 May 2015 NIPC Law).  Guidance on the steps to be taken by parties to intellectual property disputes is no to be found in para 6 of the Practice Direction.

The first paragraph of the section headed "Starting the Claim" has to be modified since the Manchester Civil Justice Centre and not the Rolls Building is now the home of the IPEC Small Claims Track and a small IP claim can now be issued out of the Business and Property Courts in Birmingham, Bristol, Cardiff, Liverpool, Manchester and Newcastle as well as Leeds.   If you want a case study of an IP case in one of those other cities, see Small Claims Track IP Litigation in Bristol 24 Feb 2022 NIPC Severn-Hafren.

I would repeat everything else I said in my previous article.  Anyone who wishes to discuss this topic should call me during normal business hours on 020 7404 5252 or send me a message through my contact form.

IP Clinic FAQs

 

Jane Lambert

I am delighted to resume my intellectual property clinics at the Barnsley Business Village.  

Until the pandemic, I used to hold in-person consultations at the Business Village between 16:00 and 18:00 on the second Tuesday of every month.  During the pandemic, I transferred these online which enabled me to talk to clients at any mutually convenient time.   That was entirely satisfactory in most instances but there were a few cases when it would have been helpful to have met the client in person.  

I  can now do that under arrangements that I have just agreed with the management of the Business Village (see  Virtual IP Clinic with Jane Lambert – IP Barrister on the Business Village's website).   As it is over 3 years since I last held a clinic in Barnsley I thought it would be useful to remind those who could benefit from the service with these Frequently Asked Questions.

1. What exactly is an IP Clinic?

An IP clinic is a free consultation with an expert in intellectual property law,   Such an expert may be a patent or trade mark attorney or a solicitor or barrister specializing in IP.  Members of those professions have different training and do different jobs but we all have similarly detailed knowledge of IP law.  

Consultations with me are very much like telephone or Zoom conferences or conferences in chambers except that they are free and limited to approximately 30 minutes.    That is usually long enough to dispose of most enquiries but if not I will refer the clients to other professionals (who may also offer a free 30-minute consultation) or other sources of information.

2.  What sort of Questions are you asked?

 

All sorts.

I think the most common is when an entrepreneur is thinking of starting a new business and needs to know the sort of steps he or she should take to protect the business from copycats and avoid disputes with established businesses.   I advise on confidentiality agreements, trade mark registration, copyright in trade literature, and if there is a new product, options on patenting and design registration   I  warn against disclosing trade and business secrets, copying other businesses' Ts and Cs and photos and identify other professionals who can assist further.  

Another very common question is about who owns IP resulting from collaboration with others such as product design consultants, universities or just friends and family.  I can usually point to template agreements such as the Lambert Toolkit which offer workable solutions.

Often I am asked to help when an application for a trade mark, registered design or patent has gone wrong.   That typically occurs when a business owner or inventor has decided not to instruct a patent or trade mark attorney.   Usually, it is possible to save the application but sometimes the best advice is to consult an attorney and start again. 

Occasionally, a client comes to me with a court order or letter before action and several ring binders of evidence and asks what can be done about it.   I can usually advise on immediate steps to prevent the situation from getting worse and suggest a way forward for resolving the dispute in the medium term.

3.   Do I have to live in Barnsley to consult you?

No!  You can consult me by phone or Zoom from literally anywhere in the world but if you want a face-to-face meeting you have to come to me.  I practise primarily from 4-5 Gray's Inn Square in London but you can also make an appointment to see me at the Barnsley Business Village, Huddersfield Media Centre or the Menai Science Park in North Wales.

4.    Can I make multiple clinic appointments in the same matter?

No!   If you need multiple appointments you are probably in long-term litigation or negotiations in which case you need to instruct solicitors and counsel in the usual way.   I can help you find such representation and point you to specialist insurers and litigation funders.

5.   How can I consult you?

You can make an appointment by calling 020 7404 5252 and asking for David Penson or whoever may be looking after his work while he is away from his phone. Tell David that you want a 30-minute pro bono appointment with me in the IP Clinic.  He will do the rest.    Alternatively, send me a message through my contact form.   If you want a face-to-face meeting in Barnsley then fill out my initial advice and signposting form. 

Whichever way you come I look forward to meeting you.

Demand for my IP Clinic - Flash in the Pan or Straws in the Wind

By Steve Partridge, CC BY-SA 2.0,
https://commons.wikimedia.org/w/index.php?curid=9270036

Jane Lambert

I have been holding monthly IP clinics in Yorkshire since 2004.  I have therefore experienced the economic downturn which resulted from the banking crisis, the slow recovery, and the 20.4% slump in GDP which the Office for National Statistics announced yesterday (see GDP monthly estimate, UK: April 2020, 12 June 2020 ONS).  I have found attendance at my monthly IP clinic in Barnsley to be a pretty good bellwether of the state of the economy.

This week for the first time in months I had three enquiries.   As I explained in Barnsley IP Clinic 14 April 2020 I have had to offer these clinics online.  That enables me to see clients at a mutually convenient rather than a two-hour session at the Business Village in Wilthorpe.  I also hold a similar clinic at the Menai Science Park in Anglesey which is now online (see Online Support for Businesses in Wales 13 April 2020 NIPC Wales).  However, until this week I had received only one enquiry and that came from North Wales),

What is encouraging about this week's enquiries is that they were all about new business ventures.  Obviously, I can't disclose who they were or anything about their businesses but they were interested in legal protection for their brands and technology. The conversations on branding led to trade marks and the discussion on protecting technology led to patents and alternatives to patents.  I also mentioned trade mark and patent searches and how to obtain them, clinics at the Sheffield and Leeds Business and IP Centres run by CIPA and others, and how and where to find a patent or trade mark attorney.

All three clients were enthusiastic and motivated.  They were aware that they were going into business at a very bad time but they had researched their markets and were sure that their businesses would grow as the economy revives. Now I may be wrong about this but I think they will succeed. I also think there are others like them from the Shetlands to the Scillies.  A flash in the pan?  Perhaps!  But I think they are straws in the wind.  I say that because something very similar happened in about 2011 and 2012. There were dips of inactivity now and then but as the economy picked up so dud attendances at my clinic.

Now for a tip.  At my clinics and inventors' clubs, I am often asked about T & C.  These are about managing risk which is why terms and conditions designed for one business may not necessarily suit another.  They are meant to dovetail with following best practice and public liability and other insurance. 

Just outside Wakefield, there stand the ruins of a medieval castle which was also about managing risk.  There was a moat to keep out wild animals, sturdy vagabonds, and other undesirables.  That was enough to deter most threats to the castle and its inhabitants.  To fight off besieging armies there was a curtain wall from which defenders could fire arrows and pour boiling all or molten lead on their attackers.  If the wall was breached, there was a keep with thick walls where the defenders made their last stand as Macbeth tried to do against Macduff.

Terms and conditions are the last line of defence.  Contract terms cannot be used to exclude certain types of liability.  The first line of defence is best practice.  That equates to the moat.   The second line is insurance. That is like the curtain wall.  Terms and conditions can sometimes be used to regulate risks that cannot be insured against and where best practice fails.   They should, therefore, be drafted with the needs of the business in mind with the insurance policy and manual if best practice to hand.

Anyone wishing to discuss this article or any of the topics mentioned in it should call my clerk on +44(0)7986 948267 or send me a message through my contact page while this emergency continues, I shall gladly respond by phone, Zoom or email.