Partner Robin Hayes practises in commercial litigation and the firm’s Tier 1 intellectual property practice (Legal 500, 2022).

He has considerable experience in contentious IP work, including litigation concerning the infringement and revocation of patents as well as trade mark infringement and passing off mandates for clients active in a wide range of industries including pharma, FMCG, fashion and entertainment.

Robin acted for winning plaintiff McCambridge Ltd in Ireland’s leading passing off case before the High Court and the Supreme Court establishing passing off in respect of the plaintiff’s product packaging by a competitor and represented the plaintiff in its subsequent claim in the High Court for an account of the defendant’s profits.

Besides IP disputes, his practice more generally encompasses commercial disputes involving contractual claims, shareholder disputes and defamation.

Examples of reported cases include:

• Acting for plaintiff WaterWipes UC in Commercial Court trade mark infringement and validity proceedings concerning baby wipes see here and here
• Acting for Peregrine Technologies, an Irish cleantech firm involved in the recycling of plat panel displays, in patent revocation proceedings (Commercial Court) against University of Limerick see here
• Part of Whitney Moore team who acted for client Merck Sharpe & Dohme in landmark Supreme Court judgment concerning the correct approach to the grant of preliminary injunctions; click here to read a summary of the issues and here to read the Supreme Court’s judgment.
• Acted for respondent in high profile Commercial Court shareholder dispute relating to a company’s disposal of high value property portfolio, including successful defence of an application for a preliminary injunction; see here and here  for the High Court’s judgment.
• Acted for insurer Allianz in obtaining High Court injunctions to prevent financial services firm from using social media channels to make false claims regarding its insurance status; click here to read more.
• Represented a chief technology officer in a widely reported breach of privacy dispute with Cubic Telecom. For coverage in ‘The Times’ click here and ‘The Irish Times’ click here.
• Represented the Welsh Government in its successful sovereign immunity challenge relating to alleged copyright infringement involving photographs of poet Dylan Thomas, click here to read some media coverage and here to read a summary of the issues.
• Acted for Ireland’s leading supplier of giftware and souvenirs in three sets of High Court (Commercial) trade mark infringement proceedings against competitors who had launched products which were alleged to infringe and amount to a passing off, in each case leading to the defendants’ products being removed from the market; see here , here and here for press coverage on the three actions.
• Represented several publishers in their successful jurisdiction challenges in proceedings for alleged copyright infringement carried out online, click here to read more.
• Acted for the plaintiff in the first Lariam (mefloquine) case to be settled in Ireland by Roche, the manufacturer of the drug. Click here to read more.
• Represented the plaintiff in Ireland’s leading passing off case, click here to read a summary of the issues and here for the majority judgment of the Supreme Court.
• Represented plaintiff in successful copyright infringement and plagiarism complaint against university lecturer and academic institution see here

Awards and recommendations

Recent awards and recommendations include:

• Ranked as a ‘Next Generation Partner’ by The Legal 500, 2022 and ‘Recommended Lawyer’ by Chambers, 2022
• Managing Intellectual Property EMEA Awards 2019 and 2020 – Whitney Moore named Patent Contentious Firm of the year 2019 – Ireland
• Robin is consistently recommended by international legal journals such as The Legal 500 EMEA and Chambers Europe and has been since 2013. Quotes include:

‘Robin Hayes is ‘knowledgeable and talented’  and ‘has represented some household Irish brands in IP litigation in Ireland, and is hailed as an expert in this particular field.’
The Legal 500 2022

‘Clients describe him as “an extremely smart and capable lawyer with immense expertise in intellectual property law, and superb technical knowledge and organisational skills.”’
Chambers & Partners 2022

‘Robin Hayes wins praise for being “personable, easy to work with, practical and very helpful”.’
The Legal 500 EMEA 2019

‘Robin is praised for his “proactive, no-nonsense attitude” and his ability to “provide clear and comprehensive advice.”‘
Chambers Europe 2018

‘Robin Hayes is recommended as a “Next Generation Lawyer” and recognised for his handling of various copyright infringement cases.’
The Legal 500 EMEA 2017

‘Star associate Robin Hayes continues to strengthen his practice in both advisory and litigious IP matters for clients in a range of sectors, with a focus on the pharmaceutical and healthcare industries. He defended the Welsh government in a copyright infringement claim pertaining to the use of photographs of Dylan Thomas. One interviewee says: “He is technically very good, highly efficient and responsive to all our demands”.’
Chambers Europe 2017

‘Robin Hayes has a significant practice in breach of confidence mandates and passing off proceedings. His broader activity recently included advising Tribune Content Agency on alleged copyright infringement. Sources point out that “his knowledge of the law seems excellent and he is very diligent and dedicated”.’
Chambers Europe 2016

‘Robin Hayes is a “very attentive” IP lawyer who is noted for his contentious capabilities, particularly in the trade mark sphere.’
Chambers Europe 2015