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Lakmal Walawage

Lakmal is a Partner in the Intellectual Property team advising on all aspects of intellectual property, both contentious and non-contentious. He acts for clients in a range of sectors and industries including food and beverage, healthcare, software, sports, music, and fashion.

Lakmal advises and acts on behalf of clients in litigation matters before the High Court and the Intellectual Property Enterprise Court, as well as opposition and cancellation matters at the UKIPO and EUIPO. Lakmal has expertise in a range of disputes, including trade mark infringement, copyright infringement, design right infringement, patent infringement, breach of confidence and defamation.

On the non-contentious side, Lakmal assists clients in protecting their intellectual property assets, filing trade marks and designs globally and filing patents through trusted partners. He takes a proactive and creative approach to advising clients on protecting their IP portfolios, offering unique strategies to maximise protection.  He also advises clients in relation to commercial transactions involving IP, whether that is assigning and transferring IP rights, or licensing them, including in franchise agreements. Lakmal also has extensive experience in conducting thorough due diligence in relation to IP assets, whether in a corporate or insolvency transaction context.

Lakmal regularly conducts IP Audits for clients helping them identify IP assets within their business, and in turn advising on improving the protection and value of their IP portfolios. Lakmal is also able to offer advice on IP-related financial matters, such as R&D tax or finance through IP, through trusted partners, although he does not offer financial advice himself.

  • M L Technology Limited & Anor v B.E.A.T SAM & Ors [2023] EWHC 1660 (Ch) – UK/EU trade mark infringement claim representing the Claimants with Defendants spanning the UK, Switzerland, Monaco and Cyprus. This hearing was a victory for the Claimants in a security for costs and stay application filed by the Defendants.
  • AXA Wholesale Trading Ltd v AXA [2023] EWHC 1339 (Ch) – Acting for the Respondent (AXA) in an appeal from the Company Names Tribunal brought by the Appellant, Axa Wholesale Trading. The appeal was dismissed in a win for AXA.
  • Urbanbubble Ltd & Ors v Urban Evolution Property Management Ltd & Ors [2022] EWHC 134 (IPEC) – trade mark infringement claim, with complex elements of consent and estoppel.
  • Penhallurick v MD5 Ltd [2021] EWHC 293 (IPEC) – software copyright infringement claim centering around the issue of whether the copyright work was created “in the course of employment”.
  • Freshasia Foods Ltd v Lu [2019] EWHC 638 (Ch) – successfully defending a claim for breach of confidence, copyright infringement and breach of contract brought by the Claimant FreshAsia Foods.
  • Argos Ltd v Argos Systems Inc [2018] EWCA Civ 2211 – Appeal to the Court of Appeal in a trade mark infringement and passing off claim, representing the Respondent. Several complex issues such as targeting, unfair advantage, consent and others. The appeal was dismissed.
  • Argos Ltd v Argos Systems Inc [2017] EWHC 231 (Ch) – first instance High Court decision in relation to the above case, successfully defending Argos Systems Inc, a company part of the Vertex Group based in Nashua, NH, USA.

Credentials

  • Member of the London Chamber of Commerce & Industry (LCCI)

  • Member of the International Trade Mark Association (INTA)

  • Member of the Law Society

  • Regularly writes for several publications including Lexis Nexis, the Journal of Intellectual Property Law & Practice, Solicitors’ Journal, City AM, NewsWeek, Lexology and others.

  • LLM in Intellectual Property Law (Distinction) at the University of Leeds

  • Member of the Institute for Export

  • Expert on the Design Business Association’s Expert Register

Quotes

We’ve been consistently impressed by the professionalism, responsiveness, and strategic insight of Lakmal. He quick...
Jack Prichard, CEO Polyco Healthline Group

We’ve been consistently impressed by the professionalism, responsiveness, and strategic insight of Lakmal. He quickly grasps the commercial impact of trademark issues and provides clear, effective solutions that protect our brand and business interests. His dedication and work ethic give us complete confidence in every matter he handles. Highly recommended for any business seeking expert trademark guidance.

Jack Prichard, CEO Polyco Healthline Group

Lakmal is a fantastic IP lawyer. Not only does he have incredible knowledge of IP law, he is a great strategic thinke...
Barnaby Dixon, CEO and Founder, Vibaweb (UK) Limited and GoFile Limited

Lakmal is a fantastic IP lawyer. Not only does he have incredible knowledge of IP law, he is a great strategic thinker, and with his help we've built a strong, powerful brand. His recommendations and clear thinking have helped throughout our growth phase, and we continue to rely on him to ensure our interests are well protected. He's also very patient and always available when we need a quick phone chat to discuss strategy or brainstorm ideas. Thank you Lakmal!

Barnaby Dixon, CEO and Founder, Vibaweb (UK) Limited and GoFile Limited

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Lakmal Walawage

Partner

Lakmal is a Partner in the Intellectual Property team advising on all aspects of intellectual property, both contentious and non-contentious. He acts for clients in a range of sectors and industries including food and beverage, healthcare, software, sports, music, and fashion.

Lakmal advises and acts on behalf of clients in litigation matters before the High Court and the Intellectual Property Enterprise Court, as well as opposition and cancellation matters at the UKIPO and EUIPO. Lakmal has expertise in a range of disputes, including trade mark infringement, copyright infringement, design right infringement, patent infringement, breach of confidence and defamation.

On the non-contentious side, Lakmal assists clients in protecting their intellectual property assets, filing trade marks and designs globally and filing patents through trusted partners. He takes a proactive and creative approach to advising clients on protecting their IP portfolios, offering unique strategies to maximise protection.  He also advises clients in relation to commercial transactions involving IP, whether that is assigning and transferring IP rights, or licensing them, including in franchise agreements. Lakmal also has extensive experience in conducting thorough due diligence in relation to IP assets, whether in a corporate or insolvency transaction context.

Lakmal regularly conducts IP Audits for clients helping them identify IP assets within their business, and in turn advising on improving the protection and value of their IP portfolios. Lakmal is also able to offer advice on IP-related financial matters, such as R&D tax or finance through IP, through trusted partners, although he does not offer financial advice himself.

Expertise

  • Intellectual Property: Overview
  • Intellectual Property Litigation
  • Trade Marks Prosecution and Opposition
  • Copyright and Related Rights including Database Rights
  • Patents
  • Design Protection
  • Brand Protection and Exploitation
  • Defamation and Malicious Falsehood

Experience

  • M L Technology Limited & Anor v B.E.A.T SAM & Ors [2023] EWHC 1660 (Ch) – UK/EU trade mark infringement claim representing the Claimants with Defendants spanning the UK, Switzerland, Monaco and Cyprus. This hearing was a victory for the Claimants in a security for costs and stay application filed by the Defendants.
  • AXA Wholesale Trading Ltd v AXA [2023] EWHC 1339 (Ch) – Acting for the Respondent (AXA) in an appeal from the Company Names Tribunal brought by the Appellant, Axa Wholesale Trading. The appeal was dismissed in a win for AXA.
  • Urbanbubble Ltd & Ors v Urban Evolution Property Management Ltd & Ors [2022] EWHC 134 (IPEC) – trade mark infringement claim, with complex elements of consent and estoppel.
  • Penhallurick v MD5 Ltd [2021] EWHC 293 (IPEC) – software copyright infringement claim centering around the issue of whether the copyright work was created “in the course of employment”.
  • Freshasia Foods Ltd v Lu [2019] EWHC 638 (Ch) – successfully defending a claim for breach of confidence, copyright infringement and breach of contract brought by the Claimant FreshAsia Foods.
  • Argos Ltd v Argos Systems Inc [2018] EWCA Civ 2211 – Appeal to the Court of Appeal in a trade mark infringement and passing off claim, representing the Respondent. Several complex issues such as targeting, unfair advantage, consent and others. The appeal was dismissed.
  • Argos Ltd v Argos Systems Inc [2017] EWHC 231 (Ch) – first instance High Court decision in relation to the above case, successfully defending Argos Systems Inc, a company part of the Vertex Group based in Nashua, NH, USA.

Credentials

  • Member of the London Chamber of Commerce & Industry (LCCI)

  • Member of the International Trade Mark Association (INTA)

  • Member of the Law Society

  • Regularly writes for several publications including Lexis Nexis, the Journal of Intellectual Property Law & Practice, Solicitors’ Journal, City AM, NewsWeek, Lexology and others.

  • LLM in Intellectual Property Law (Distinction) at the University of Leeds

  • Member of the Institute for Export

  • Expert on the Design Business Association’s Expert Register

Contact

Telephone:
+44020 3974 8264

Email:
lakmal.walawage@edwincoe.com

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