'Penguin' case lawyer's firm hits £1m mark

Kempner Robinson, an intellectual property specalist, took revenue to more than 1m, achieving double its target figure in its first year of business.

The Leeds firm was set up by Richard Kempner, previously national head of Addleshaw Goddard's intellectual property group, with Andy Robinson, who was previously at another niche IP firm, and two other lawyers.

Now the firm is changing its name to Kempner & Partners as Mr Robinson steps down as a partner, although he will remain as a consultant.

Mr Kempner, 48, is well-known for his defence of Asda's Puffin biscuits when the Leeds-based supermarket was sued by Penguin-maker United Biscuits 13 years ago. The case was dubbed a score draw after Asda was told to alter its packaging but was allowed to continue making the snack.

The lawyer said his new firm, set up in May last year, had grown quickly on the back of more work with Asda, as well as Centrica, owner of British Gas and Dyno-Rod, which unblocks drains, Jet2.com, the Leeds-based airline, IT retailer E-buyer, JD Sports, Innospec, a chemicals company and BASF, also a chemicals company and one of the world's largest.

"We wanted to create a clear alternative outside London to the specialist companies in IP.

"The demand for our services has been greater than we hoped it might be. If the goal was to create something which you can give to major multi-nationals outside London, then we have delivered on that."

Kempner began with four lawyers and has since grown to eight, including hiring Martin Delafaille as senior solicitor and trade mark attorney. Mr Delafaille is one of only a handful of dual-qualified trade mark attorneys and solicitors in the UK, boosting the firm's reputation a "one-stop shop" for trademarks, Mr Kempner added.

The practice can keep costs down because it has no human resources or marketing department, although it does have plans to hire an office manager.

It is now acting for more than 100 clients and has also received some complex new patent infringement instructions from BASF since the turn of the year.

It has also acted on 45 cases for Asda, involving food, drinks and the George clothing range, Mr Kempner said, although not all of the disputes have gone to trial.

The lawyer also said the impact of the Asda-Penguin case could still be felt today.

"Whether you are a brand owner or a supermarket, you have to be very careful where the line is drawn between fair competition and unfair competition.

"It is a line which probably changes over time. You can ask whether the decision would have gone Asda's way in 2010. It is a real issue for really big brands who don't want their individual get-ups ripped off – but supermarkets also have

a legitimate right to produce packaging that is clear what is in it."

The other partners at Kempner & Partners are Stuart Jackson, the former director of patent litigation at Addleshaw Goddard, and Jason Dainty, a former partner in Robinsons.

Mr Robinson said: "We have seen massive growth in our first year but I now think it's time for me to step back from the business and to concentrate on what I enjoy doing best which is supporting my loyal client base."

Richard Kempner

Richard Kempner is a leading intellectual property lawyer, having acted in the United Biscuits-Asda trial, which became known as the Penguin v Puffin case. He also won 37 interim injunctions for BASF over patent infringement against 19 companies at a crop science exhibition.

He has also acted for a consortium of Italian winegrowers as well as American company Hot Stuff Foods, when it was a in trademark dispute with fast-food chain Domino's Pizza.