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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...

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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Steven James is a Partner based in the London office of Morrison Foerster. He specialises in intellectual property disputes, and advises on the protection and exploitation of intellectual property, as well as a wide range of commercial matters.Steven practices in intellectual property, technology, and commercial law, with a focus on new technologies and innovation. His experience includes advising clients on both contentious and transactional intellectual property and commercial matters, predominantly in the tech, financial services, life sciences, retail and luxury goods, food & beverage, and media sectors. He advises on the full spectrum of IP rights, including trade marks, passing off, copyright, designs, patents and confidential information. Steven counsels clients on the development of IP and branding strategies and formulates strategic approaches for the licensing and enforcement of intellectual property rights. He also has experience of advising on commercial disputes, defamation and data protection matters.Steven has been recommended for Intellectual Property law and Technology, Media & Telecommunications Law multiple times over many years in the Legal 500 UK. He is described by clients as “an efficient, effective and an excellent, timely communicator … always on hand to provide confident and practical advice. His deep and technical knowledge of IP is unparalleled”. Steven has also been recognised in the 2025 edition of World Trademark Review’s 1000 guide, named a Trade Mark Star by Managing Intellectual Property and as a recommended individual by IAM Patent 1000.The Lawyer named Steven in its prestigious “Hot 100” list for 2025, recognising him for his commitment to utilising MoFo’s technology and ECVC experience to launch the MoFounders initiative, a community of business Founders, Entrepreneurs, Investors and Advisors. The Lawyer praised Steven’s “can-do approach to making deals and connections in the sector happen”.He has been awarded a Distinction in Intellectual Property Law from the University of Oxford. Steven has conducted matters before the U.K. Intellectual Property Office, the EU Intellectual Property Office, the Intellectual Property Enterprise Court, the High Court and Court of Appeal, and the Court of Justice of the European Union. Steven is a Solicitor-Advocate with rights of audience in all civil proceedings in the higher courts of England and Wales.<h4>Representative Experience</h4><ul><li>Representing Wirex Limited, one of the world’s leading cryptocurrency platforms, in its successful trade mark infringement claim and damages inquiry against Cryptocarbon Global Ltd & Others (Wirex Limited v. Cryptocarbon Global Ltd & Others ([2021] EWHC 617 (IPEC) and [2022] EWHC 1161).</li><li>Novaerus Patents Limited v Quest International (UK) Limited [2016] EWHC 95 (Ch): Represented medical technology provider Novaerus in a summary judgment claim in a complex contractual dispute about the sale of various patents and subsequent cross-licensing.</li><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 electrical wholesaler in relation to a passing off claim against a nationwide chain. </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 the acquirers of the iconic Crombie coat brand, and advising on its global IP portfolio.</li><li>Acting for an electrical wholesaler on a passing off action against a listed building merchants’ business.</li><li>Acting for an online fashion retail platform in respect of parallel trade mark infringement proceedings in the U.K. and United States.</li><li>Interflora Inc v Marks & Spencer plc (Case C-323/09): Acting for Interflora on a high profile trade mark infringement case relating to the use of keywords on Google’s AdWords program, which was referred to the Court of Justice of the European Union.</li><li>Orion Publishing Group Ltd v Novel Entertainment Ltd [2012] EWHC 1951 (Ch): Acting for a major commercial publisher in relation to a dispute over a royalty verification clause in a publishing agreement.</li></ul>

Steven James

Partner

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 and reputational standpoint. A leading practitioner in this field, Saqib has been ranked by Chambers and Partners for 2-years running in Band 1 (the top tier) for Crisis & Risk Management: UK-Wide.Saqib has acted in investigations and advised on corporate crises covering more than 30 countries around the world and has helped companies and individuals resolve issues with government agencies in the United States, United Kingdom, Brazil, Germany, India, and Singapore. Practicing in London for the last 14 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 organisations 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 & Partners recognizes Saqib as “one of the most dynamic and effective crisis management lawyers in London. He understands that a multi-disciplinary approach is needed for effective reputation management and delivers clear advice to clients when they need it most.” He understands “how legal investigations may play out in both the press and the political arena" and “is innovative in his thinking.”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 regularly works alongside media and public affairs advisers in assisting companies manage reputational risk and adverse media coverage arising out of government investigations.Saqib also represents clients in cross-border litigation and dispute resolution. Together with his US colleagues and local counsel in foreign jurisdictions, he helps companies and individuals engage in and resolve time-critical tactical litigation.Saqib graduated from King’s College, University of London, with First Class Honours in Law in 2006. From 2007 – 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 serves as a trustee for Operation Smile UK, a charity that provides free life-changing cleft surgery and comprehensive cleft care around the world. He is also a regular writer and speaker on investigations, crisis management and business resilience.

Saqib Alam

Annabel is a partner at Morrison Foerster and co-Managing Partner of the London office. As a member of our renowned global data privacy team, Annabel 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

Managing Partner, London

United Kingdom

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

03 Jun 2025