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Gin, cider and caterpillars: The power, perils and pitfalls of lookalike products

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Steven James and Ruth Arkley spoke at Crafty Counsel’s Crafty Learns on Tuesday 3 June, where they discussed the power, perils...

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Steven James and Ruth Arkley spoke at Crafty Counsel’s Crafty Learns on Tuesday 3 June, where they discussed the power, perils and pitfalls of lookalike products. Watch a summary of their presentation.<iframe allowfullscreen="1" src="https://www.youtube-nocookie.com/embed/N7E7NbxraIM?rel=0" title="Gin, cider and caterpillars: The power, perils and pitfalls of lookalike products" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" title="iframe"></iframe> Please connect with any of the team via their web profile, or through LinkedIn. If you are interested in keeping up with the latest legal and industry insights, news, and events from MoFo, <a href="/sign-up" target="_self">sign up here</a>.<hr>

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Ruth Arkley is Of Counsel based in the London office of Morrison Foerster and is a member of the Intellectual Property Group.Ruth practices in intellectual property, technology and commercial law, with a focus on innovative technologies and data protection. She advises clients on transactional, contentious and regulatory matters across a range of industries including life sciences, technology, retail, luxury brands and the creative sectors. Ruth’s experience includes advising in respect of the protection and enforcement of all major IP rights including copyright, trade marks and passing off, designs, patents, confidential information and domain names. She also helps clients to develop IP portfolios and to monetise their rights by way of strategic licensing.Ruth is listed in the Legal 500 as a ‘Recommended Lawyer’ for Intellectual Property: Trade Marks, Copyright and Design, and as a ‘Notable Practitioner’ in Managing IP’s IP Stars. She teaches on the ‘IP Transactions: Law and Practice’ course at University College London. Ruth studied Law at Clare College, University of Cambridge and was awarded a Diploma in Intellectual Property Law from the University of Oxford. Before joining Morrison Foerster, Ruth was a partner at Brown Rudnick. She trained at Latham & Watkins.Ruth is qualified as a solicitor in England and Wales.<h4>Representative Experience</h4><ul><li>Advising World-Leading COVID Rapid Test Provider Excalibur Healthcare Services on a ground-breaking Licence and Development Agreement with Sensyne Health in respect of the use of Excalibur’s lateral flow diagnostic tests with Sensyne Health’s clinical AI software, ‘MagnifEye’.</li><li>Acting for an international drug development company on a High Court breach of confidence action against an employee.</li><li>Novaerus Patents Limited v Quest International (UK) Limited [2016] EWHC 95 (Ch): Represented medical technology provider Novaerus Patents Limited in a complex contractual dispute about the sale of various patents and subsequent cross-licensing.</li><li>Acting for a software development company on a High Court Technology & Construction Court dispute with a global retail bank.</li><li>Acting for an electrical wholesaler on a passing off action against a listed building merchant’s business.</li><li>Leading a European cookie audit and compliance project for a FTSE 100 consumer goods company, coordinating legal and technical teams over 15 jurisdictions.</li><li>Supporting a NYSE-listed biopharmaceutical company in complying with U.K. and European consumer protection and advertising law.</li><li>Regularly drafting and advising on the terms and conditions, privacy policies and end user licence agreements for websites and apps.</li></ul>

Ruth Arkley

Of Counsel

Saqib Alam is an English solicitor, New York attorney, and Singapore advocate, who advises global companies, boards, and high-net-worth individuals facing business-critical issues and helps them resolve such matters from a legal, reputational, and government enforcement standpoint. A leading practitioner in this field, Saqib has been ranked by Chambers and Partners for three-years running in Band 1 (the top tier) for Crisis & Risk Management: UK-Wide.Saqib has acted in investigations and corporate crises covering more than 30 countries around the world and has helped companies and individuals resolve issues with the governments of the United States, United Kingdom, Brazil, Germany, India, and Singapore. Practicing in London for the last 16 years, Saqib has helped resolve issues and crises related to corporate governance failures, employee misconduct, national security issues, cyberattacks, bribery, fraud, human rights violations, miscarriages of justice, racism, money laundering, sanctions, and antitrust violations for some of the most well-known organizations and individuals in the world. Saqib regularly advises companies and individuals facing concurrent issues in multiple countries and has experience reaching coordinated and global resolutions with government agencies and third parties around the world.Chambers and Partners recognizes Saqib as a “genuine leader in the crisis space in London.” It goes on to state that “Saqib’s dedication to client service is exceptional” and that he understands “how legal investigations may play out in both the press and the political arena.”Saqib has extensive experience guiding companies through investigations relating to UK government contracts. He is currently advising a large global multinational company involved in a high-profile UK Public Inquiry. Saqib also advises companies and senior executives called upon to give evidence in UK Parliamentary Select Committee hearings. As a key part of this work, Saqib works alongside media and public affairs advisers in assisting companies manage reputational risk and adverse media coverage.Saqib also represents clients in cross-border litigation and dispute resolution. Together with his U.S. colleagues and local counsel in foreign jurisdictions, he helps companies and individuals engage in, and resolve, time-critical and tactical litigation.Saqib graduated from King’s College, University of London, with First Class Honors in Law in 2006. From 2007 to 2009, he served as a Justice’s Law Clerk in the Supreme Court of Singapore and as an Assistant Registrar in the High Court of Singapore. He is admitted to practice in New York, England, and Singapore.Saqib is a regular writer and speaker on investigations and crisis management and has written op-eds for Bloomberg, Reuters, and the WSJ, among others.Outside of law, Saqib serves as Chair of the board of trustees for Operation Smile UK. Founded in 1982, Operation Smile is a charity that provides free life-changing cleft surgery and comprehensive cleft care around the world. Saqib also has a keen interest in hospitality and service design and holds several certifications from École hôtelière de Lausanne (EHL) hospitality business school in Switzerland.

Saqib Alam

Partner

As a member of our renowned global data privacy team, Annabel Gillham specializes in employee data protection and data crisis management. Described by clients as “excellent, very pragmatic, efficient and completely client-oriented”, she works across a variety of sectors, including technology, retail, and financial services, and frequently manages multi-jurisdictional advice for international clients. Her practice includes advice on:<ul><li>cross-border labor and employment matters</li><li>employee litigation</li><li>data privacy compliance management</li><li>data security breach management</li><li>internal and regulatory investigations</li></ul>Annabel regularly helps senior management and HR executives with the “people” aspects of takeovers, restructuring projects, business and share sales, and outsourcings. She also advises employers in relation to sensitive claims, such as unlawful discrimination, equal pay, and whistleblowing. Annabel also advises on team moves.She supports her clients on all aspects of General Data Protection Regulation compliance and regularly advises organizations facing ICO enforcement action. She has developed particular specialties in complex areas, such as the collection and use of data relating to criminal offenses and the application of data protection law to insolvency practitioners.As an experienced litigator with experience in helping clients defend group litigation, Annabel helps clients develop their strategy for responding to regulatory action and court claims relating to the use of employee and customer personal data. She regularly designs and presents employment and data protection law training and updates to senior managers and HR executives and is involved in preparing responses to UK government consultations.In addition, Annabel is qualified to practice in the British Virgin Islands, where she spent three years advising on cross border commercial litigation and insolvency matters, including high value board and shareholder disputes, freezing orders, and third-party disclosure orders.

Annabel Gillham

United Kingdom

Gin, cider and caterpillars: The power, perils and pitfalls of lookalike products

03 Jun 2025