Thomas Elias

Thomas is regularly instructed in intellectual property and art cases, including claims involving trade marks, copyright, moral rights, design rights, confidential information and passing off. He is well-suited to litigation involving IP and wider commercial chancery claims where he is able to provide co-ordinated advice across several areas of law.

Thomas has acted in high profile disputes (such as the caterpillar cake dispute between “Colin” (M&S) and “Cuthbert” (Aldi)) and has considerable experience in disputes regarding “get up” or packaging of goods.

Thomas is a contributing editor to CITMA’s Contentious Trade Mark Registry Proceedings (2nd edn, 2023).

Recent Cases

• Munday v Levine (2026) – Currently instructed by the artist, Chris Levine, defending a claim for infringement of moral rights in “Equanimity” and “Lightness of Being” – two well-known portraits of Her late Majesty Queen Elizabeth II. Counterclaim for copyright infringement.
• M L Technology Ltd & Anr v B.E.A.T. SAM (2026) – Currently instructed by the claimants in this High Court claim for copyright infringement, TM infringement and passing off in the context of a contractual dispute for the sale and purchase of company shares. A multi-jurisdictional claim with defendants in France, Monaco and Switzerland and related proceedings in Switzerland. At an interim hearing [2023] EWHC 1660 (Ch) successfully resisted the Dfs’ application for a stay and for security for costs, and obtained an unless order against the Dfs. A 5-day High Court trial took place in 2025.
• Marks & Spencer plc v Aldi Stores Ltd (2024) – An appeal to the Court of Appeal in relation to registered designs in light-up, snow globe, gin liqueur bottles. Solely instructed a first instance in IPEC: trial judgment [2023] EWHC 178 (IPEC); [2023] FSR 17. Led by Michael Edenborough KC on appeal (but personally conducted part of the oral advocacy): [2024] EWCA Civ 178; [2024] ECDR 17; [2024] FSR 16.
• Costa v DissociaDID Ltd [2022] EWHC 1934 (IPEC) – Instructed for the defendants / counterclaimants shortly before trial in a claim for copyright infringement in relation to scripts used in videos on the defendants’ YouTube channel promoting understanding of Dissociative Identity Disorder (previously called multiple personality disorder). Both claim and counterclaim succeeded in part. Counterclaim succeeded in respect of (the relatively unusual tort of) causing loss by unlawful means – the claimant had made and persisted in representations to YouTube that he knew to be untrue to persuade YouTube to “take down” certain of the defendants’ videos.
• Marks & Spencer v Aldi Stores Ltd – “Colin the Caterpillar” (2021) – Instructed (with Michael Edenborough KC) on behalf of Aldi resisting claims that Aldi’s “Cuthbert” caterpillar cake infringed trade marks and other rights in M&S’s “Colin the Caterpillar” cake. Settled. One of the most publicly high-profile IP disputes of recent times.
• The Ukulele Orchestra of Great Britain v Clausen & another t/a The United Kingdom Ukulele Orchestra [2015] E.T.M.R. 40, [2015] EWHC 1772 (IPEC) – Acted for the defendants in a claim for passing off, trade mark infringement and infringement of copyright in dramatic works, and successfully invalidated the claimant’s Community trade mark. Received considerable press coverage because of the unusual nature of the dispute.
• Moroccanoil Israel Ltd v Aldi Stores [2014] EWHC 1686 (IPEC) – Successfully defended Aldi in a passing-off action based on packaging “get-up” (with Michael Edenborough KC).
• Harrison v Harrison [2010] FSR 25, 604 – One of few reported cases on the moral rights of derogatory treatment and false attribution.