Oliver FairhurstPartner

I advise a wide range of clients across a broad spectrum of industry sectors with a particular focus on retail, advertising & marketing and media & entertainment.

I have assisted clients in a number of reported cases, including before the High Court, Court of Appeal, Supreme Court and EU courts.

Examples of my work include:

• Intellectual property: advising on the intersection between intellectual property rights and the businesses of brands. This includes trade marks (including comparative advertising and parallel importing), copyright, passing off and designs, licensing of IP rights, and the registration & management of IP rights. I act for both rights holders and those who are accused of infringing the rights of others. Notable cases include Jack Wills v House of Fraser [2016] EWHC 626 (Ch), Walton International Ltd v Verweij Fashion BV [2018] EWHC 1608 (Ch), Travel Counsellors Ltd v Trailfinders Ltd [2021] EWCA Civ 38, and Evans v John Lewis Plc & Anor [2023] EWHC 766 (IPEC).

• Reputation management: acting for individuals and companies whose reputations are threatened or harmed, as well as for publishers. This includes before the Independent Press Complaints Organisation and in the High Court and Court of Appeal. I worked on the Lachaux v AOL libel action that was the first case to reach the Court of Appeal (and subsequently the Supreme Court) since the introduction of the Defamation Act 2013.

• Competition: advising in relation to compliance with competition law, dealing with investigations by regulatory authorities, and private litigation. I have also completed the King’s College London Postgraduate Diplomat in EU Competition Law.

• Regulatory investigations: advising in relation to investigations by the Serious Fraud Office, Competition & Markets Authority and various sector focused regulators such as the Advertising Standards Authority and Ofcom.

• IP portfolio management: working with trade mark attorneys and other IP specialists to advise on the registration of trade marks and designs, portfolio management and enforcement of rights (and defence of such claims). I have extensive experience of proceedings before the UK Intellectual Property Office, EU Intellectual Property Office, Intellectual Property Enterprise Court, High Court and EU Courts.

• Advertising: advising brands, advertising agencies, media owners and publishers on the contractual relationships between advertising agencies and their clients, risks involved with particular campaigns, disputes between brands (including in relation to comparative advertising), regulatory investigations and clearance, including compliance with the CAP and BCAP Codes, and intellectual property considerations involved in advertising.

For more information, please take a look at our Adlaw blog and our Media & Entertainment blog showcasing our insights into developments in the sectors.