Intellectual Property Infringement (Trademarks, Patents, Copyright, Designs)
With the rapid growth of technology and the globalisation of business, infringers are finding new way to copy, imitate and free ride. The methods of policing infringement both online and offline is now more complex than ever before. The need for lawyers to understand the legal framework is a must, but to also know your business and the technology you adopt is added value.
We are fast to identify what measures you need to take to ensure that your rights are being safeguards and that infringers are targeted and the unlawful activities stopped. We offer real-timecommercial solutions dispensed to you definitively and comprehensively but specifically crafted for you or your business.
Intellectual Property Litigation
Infringers are finding new ways to copy, imitate and free ride. The methods of policing infringement both online and offline is now more complex than ever before. The need for lawyers to understand the legal framework is a must, but to also know your business and the technology you adopt is added value.
Our litigation team has over 50 years of combined experience relating to specific complex areas of law. Our lawyers have experience in other sectors including finance, IT, web design and property. Our industry experience allows us to provide our clients with better practical and commercially sensible solutions.
We are fast to identify what measures our clients need to take to ensure that their rights are being safeguards and that infringers are targeted and the unlawful activities stopped. We offer real-time commercial solutions dispensed to you definitively and comprehensively but specifically crafted for you or your business.
With the advancements of technology and the speed at which sophisticated scanners and printers are now able to reproduce or imitate an original product, the cases of infringement and counterfeit goods within the marketplace is at its high. Counterfeiting has vastly moved on from imitation handbags and designers clothing. With the costs of 3D printers now becoming affordable, more and more people are taking the opportunity to stand under the coat tails of successful brand owners and their successful brands.
Furthermore, today's infringers are using powerful computers and techniques to target carefully select goods that if not detected may impose a health and safety risk to consumers. Examples include imitation alcohol that contain high doses of chemicals that can be deadly; poor quality parts for the automotive and aviation industry, and in the pharmaceutical industry, drugs are being made and sold with the inappropriate levels of ingredient (in some case no or wrong ingredients) which can have a serious risk on consumers who depend on the drugs or are not made aware of ingredients that would otherwise be avoided.
Our solicitors are able to deploy quick anti-counterfeiting measures to prevent the introduction of infringing and counterfeit products from entering into your territory, the UK and even the EU.
We also have the experience and contacts with HM Customs and Revenue's Intellectual Property Authorisation Unit to cease and destroy products as they arrive into UK and EU ports/customs. We have litigators who can apply for an emergency order for an injunction, search order, freezing order or delivery up of products. Our specialist Intellectual Property Solicitors are able to advance and invoke both the civil and criminal sanctions for infringement of intellectual property rights that counterfeiting involves. Legislation includes, but not limited to, the Trade Mark Act 1994, Copyright, Designs and Patents Act 1988, The Olympic Symbol Protection Act 1995, Goods Infringing Intellectual Property Rights (Customs) Regulations 2004 and the Counterfeit and Commission Regulation (EC) No 1172/2007.
Comprehensive and working knowledge of these legislations is key to providing our clients with accurate and focused advice every time.
Domain name dispute
Domain names are the virtual gateway to millions of businesses wide world. What was once thought to be a waste of money, domain names are now recognised as a highly valuable asset. They are at the centre of brand development strategies and can increase traffic and visibility of online presence within hours if marketed properly.
The race to register the next million-dollar.com means that valuable names get registered rapidly, often by the wrong person with the intention to hold it to anothers ransom or to frustrate the business of another.
Disputes arising from abusive registrations of domain names (also known as cybersquatting) can be addressed by expedited administrative proceedings governed by the Uniform Domain Name Dispute Resolution Policy, proceedings that a trade mark rights holder initiates before an approved dispute-resolution service provider.
We have years of collective experience dealing with domain name disputes, drafting formal complaints with approved dispute-resolution service providers, drafting responses to complaints all concerning the recovery or prevention of a domain name.
e-commerce and online disputes
It's inevitable that the number of online disputes has risen over the past few years due to the dramatic rise and use of e-commerce stores. If you are facing an online dispute or want to bring a dispute relating to use of a trade mark online, defamation, or copyright infringement, interference with a business, problems with an online service provider metatag abuse or AdWords infringement, please get in touch.
Mediation is a way of resolving disputes without going to court. It is cheaper and quicker than litigation and the outcome is usually beneficial to all parties. Mediation allows you and the opposing party to talk about the dispute with the help of an independent mediator. The mediators role is not to make a decision on the dispute but to help you find a solution that both parties can accept.
A court will expect you to have attempted to resolve matters by mediation before starting legal proceedings. It will also expect you to have properly considered a form of alternative dispute resolution.
One of our IP lawyers is a trained mediator and has a great deal of experience in resolving issues without the cost and time spend taking the matter to Court.
With the globalisation of commerce and the ability to set up a dot.com business over night, more and more businesses are turning to the internet to source products, often to save money. A parallel import is the importation of goods (that are protected by a patent or trade mark) from the country where the rights owner has already introduced the goods - meaning that the rights have been exhausted.
Owners of products covered by intellectual property rights have the exclusive right to put such products on the market. On the other hand, there is little doubt that once the owner of an intellectual property right has put such goods on the market either himself or with his consent, there is little he can do about further acts of commercial exploitation, such as re-sale, for example, on the domestic market.
If products sold or imported by third parties fall within the scope of patents, trademarks or copyrights valid in this particular country, such sale or importation by third parties is generally deemed infringing.
If you require advice concerning parallel imports, we can help. Our IP team has years of experience and are on hand to help you.
Your trade mark, reputation of your business and the quality of your goods and services are all valuable assets, all equally worth protecting, exploiting and enforcing. Letting others use your valuable assets may dilute or even tarnish the attractive force that you have built.
We understand the value of brands and how important it is for you and your business. We provide practical commercial solutions for your specific issue and are ready to help.
With the rapid growth of technology and the globalisation of business, infringers are finding new ways to copy, imitate and free ride. The methods of policing infringement both online an offline are now more complex than ever before. the need for lawyers to understand the legal framework is a must, as is the importance of knowing your business and the technology you adopt.
We are fast to identify what measures you need to take to ensure your rights are being safeguarded and that infringers are targetted and unlawful activities stopped.
Data Protection and Database Rights
Database rights and data for the purposes of the Data Protection Act 1998 (and Data Protection Directive 95/46/EC) can often be mutually exclusive subject areas. Essentially database compilations and the data comprised in such databases is another species of intellectual property and frequently protected in parallel with copyright law. This includes the way in which a database is compiled and not just the data contained therein. Therefore the architecture and construction of a database where there has been a substantial investment of financial, labour or technical resource.
If you require advice concerning database rights, we can help. Our IP team has years of experience and are on hand to help you.
Confidential information and know how
This could be potentially valuable and/or competitive information that you own or are about to receive. Also, this is often described as the tacit knowledge of a party, which may not be easily discernible both in terms of value and expression.
Know How and confidential information can include a trade secret, process or method of invention technical data, methods, or other information that either has yet to be protected by registration (usually by way of a patent, utility model or design), or is insufficient to qualify for registered protection. This could also be vulnerable from disclosure and unauthorised use which give rise to a claim for infringement. Non-disclosure Agreements (NDAs) or Confidentiality Agreements are often used by parties to govern the way in which such information is shared a task that our commercial department have years of experience dealing with.
If you are required to take legal actions or have received a letter threatening breach of confidentiality, we are experts in this complex area of law.