Mark Wilden

Mark Wilden

Year of Call: 2018
Email Address: [email protected]
Telephone: 020 7583 8055

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Clerk Details

  • Clerk Name: David Fielder
  • Clerk Telephone: 020 7583 8055
  • Clerk Email: [email protected]

Overview

Mark Wilden is a commercial barrister specialising in Intellectual Property and Media and Entertainment.

Mark came to the Bar after a successful 15-year career as an audio producer, sound engineer and musician. He worked in house at Oxford University Press for eight years, played drums professionally, performed as a DJ and produced music podcasts through the 2000s. He worked at Carpmaels & Ransford LLP before completing pupillage at 8 New Square Chambers.

Mark acts in the High Court, IPEC, IPO and County Court and accepts instructions in all forms of intellectual property and related causes of action, including contract, technology, data protection, defamation and economic torts. He acts for clients across the creative and entertainment industries especially in music, journalism, film and TV, including for very high profile clients and in high value matters. He writes articles and presents seminars on intellectual property, entertainment and law, and civil litigation.

Mark was shortlisted for Bristol Law Society Pro Bono Lawyer of the Year in 2023 in recognition of his regular pro bono advice clinics for musicians and for SMEs in the creative industries. He also volunteers in the High Court as part of the Chancery Litigants in Person Support Scheme (CLiPS) and is a panel member of Advocate.

Mark is an authoritative and persuasive advocate with a practical approach to advice, pleading and litigation strategy, and has been described as “a diligent and talented lawyer and a pleasure to work with”.

Commercial

Mark Wilden accepts instructions on commercial disputes, especially in cases involving the entertainment industries, intellectual property rights and technology-related issues. Examples of recent work include:

Future Sound Asia v The 1975 (ChD): For defendants in £2M claim for negligence and procuring breach of contract in music festival performance (led by Edmund Cullen KC).

Phoenix Music International v Cadiz Music and Digital (ChD): For claimant in claim for infringement of copyright in compilation CDs, including by copying of track lists, artwork and remastered audio recordings (led by Nicholas Caddick KC).

Aslanyan v FremantleMedia (KBD): For defendant TV producer in successful strike-out of £43M claim brought by unsuccesful contestant of the show Britain’s Got Talent.

SS1 Productions v Star Concerts (County Court): For defendant concert promoter in successful summary judgment and strike-out application regarding alleged breach of joint venture agreement.

Discovery Park Management v MRI Software EMEA (County Court): For claimant in contractual claim over non-delivery of software services.

 

Advisory work including:

  • Termination of long-standing arrangement for publication of political cartoons by broadsheet newspaper.
  • Unauthorised marketing use of photographs of social media creator by make-up brand.
  • Renegotiation of contractual relationship for production of reality television show on major online platforms.
  • Liability for interception of data by ‘data sniffing’.
  • Domain name disputes and use of the Nominet Domain Dispute Resolution Service.
  • Music-related issues including licensing, sampling, royalties and the nature and scope of related rights
  • Defamation claims, considering defences including truth, honest opinion and lack of serious harm.

 

 

  • Articles

    • Timelines and Translations: Copyright Protection of Historical Research in Pasternak v Prescott [2022] EWHC 2695 (Ch)

      11th Nov 2022

      Mark Wilden discusses the case of Pasternak v Prescott [2022] EWHC 2695 (Ch) and explores how the case illustrates the intricacies of copyright protection of historical research.

      View Article

    • “Massive overdisclosure” ordered in departure from business & property courts disclosure regime

      28th Oct 2022

      Mark Wilden on “Massive overdisclosure” ordered in departure from business & property courts disclosure regime in Genius Sports Technologies Ltd v Soft Construct (Malta).

      View Article

    • Can’t stop the music: Record company could be obliged to continue digital distribution of music in royalty dispute

      10th Mar 2022

      Hebden v Domino Recording Company Ltd [2022] EWHC 74 (IPEC)

      Specialist intellectual barrister Mark Wilden has recently critiqued the key new case of Hebden v Domino Recording Company Ltd [2022] EWHC 74 (IPEC), which concerns royalties for music streaming and downloads and could have a significant effect on the UK music industry.

      View Article

    • UK High Court can continue to grant EUwide injunctions in EU trade mark cases that were pending at the end of the Brexit implementation period

      14th Jan 2022

      Easygroup v Beauty Perfectionists [2021] EWHC 3385 (Ch)

      3PB’s specialist intellectual property Third Six pupil barrister Mark Wilden analyses the decision of the High Court in Easygroup v Beauty Perfectionists [2021] EWHC 3385 (Ch).

      View Article
  • Recommendations

    Mark Wilden of 3PB Barristers boasts a burgeoning reputation for intellectual property work. He draws on prior experience in the music and publishing industries to guide clients through complex litigation.
    Strengths: "He was able to deliver his advice in a way which was understood by the clients in terms of both the legality and also the commercial approach to take."
    "Mark Wilden's calm reassurance and friendly manner are exactly what clients need to hear and gives them the confidence to fight their corner."
    Chambers UK 2025/Intellectual Property/London Bar/Up and coming

    “New session with IP barrister Mark Wilden. Very different perspective on a wide range of IP matters to previous session with IP attorneys, both very interesting, informative and helpful. Strongly recommended. Thanks to BIPC and Mark.” - BIPC Bristol IP advice clinic client

    “I’m so thankful for the support, kindness and professionalism I received from day one. I couldn't think of a better team to have by my side.” - Lay client in IPEC claim

    “We used Mark for some advice on grey goods for [High Street retailer]. He was very responsive, very knowledgeable and technically excellent. I particularly admired the pre-con call to discuss the format and what he was going to say. We have used him several times since on a range of IP and IT matters and are very impressed.” -Laura Trapnell, Head of IP and IT, Paris Smith Solicitors

    “Mark dealt with a breach of restrictive covenants and database issue in a clear concise manner enabling the client to grasp complex legal arguments very quickly and provided very thorough advice in conference. Mark’s dealing with the client and follow-up with me were very impressive.“ - Instructing Solicitor

    “Mark is one to watch and has a bright future ahead of him at the bar. He is very responsive, easy to work with and has a very high technical ability. I would not hesitate in either instructing or recommending Mark in the future.” - Alex Jeffery, Partner, Head of Litigation, Bright Solicitors

    • Expand recommendations
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