Intellectual Property Disputes
Intellectual property (IP) is a valuable business asset which you will have worked hard to acquire. It comprises your brand, you know-how, any original or novel creations you have devised and any new or revolutionary way of doing things you have invented.
It is something that makes your business unique but also highly susceptible to the risk of attach as rival businesses seek to piggyback off your success by stealing your ideas, copying what you do or trying to pass their products off as their own. You may even find yourself faced with a competitor who alleges that they came up with an ideafirst and who accuses you of trying to capitalize on their creativity.
Dealing with IP issues can be difficult but is something the dispute resolution team at IMD Solicitors are here to help you with.
Drawing on years of experience spent supporting businesses throughout the UK and beyond, our specialist intellectual property lawyers can assist with the defense and enforcement of your IP rights and in the resolutions of a wide range of IP disputes.
We deal with all intellectual property types, including copyright, patents, trade marks, design rights, database rights, confidential information and trade secrets.
Key services offered to protect your interests, include:
- sending cease and desist letters to individuals and businesses suspected of infringing activities, which can be highly effective in bringing most low-level illegal activity to an end.
- issuing proceedings in the Intellectual Property Enterprise Court or the Chancery Division of the High Court to deal with higher value, contested cases or those where an injunction is needed, for example to bring alleged violation to an immediate halt to recover confidential information;
- securing compensation where the reputational or economic damage caused by infringing activities is more than notional;
- exploring alternative dispute resolution options where you wish to keep an IP dispute out of the court arena, including mediation, adjudication, arbitration and expert determination;
- highlighting where a criminal offense may have occurred that could offer you an alternative route to bringing any illegal activity to an end, for instance where your goods have been counterfeited;
- providing representation before the UK and European Intellectual Property Offices, for instance where a patent dispute results in a rival business seeking to have your patent rights revoked or where objections are raised over the registration of IP rights;
- assisting you to resolve disputes in respect of unregistered design rights which need to be dealt with via a common law passing off action; and
- assisting you to resolve IP licensing and warranty claims, including those where the terms of a commercial arrangement are being attacked as being in breach of competition and antitrust rules.
We can also help where you are accused of IP infringement or where you require assistance in reaching an understanding with a business using similar designs, marks or logos to your which enables you to both continue as you are, for example through a negotiated trade mark coexistence agreement.
Why choose IMD Solicitors?
What sets us apart from other law firms offering intellectual property dispute resolutions services is the breadth of matters we deal with and the fact our expertise is not just limited to UK-based disputes but to European and worldwide disputes too.
As an international practice, our pool of lawyers are used to working across jurisdictions, we really are a firm that can meet your needs, whatever they are and wherever you happen to be.
Our advice is realistic and commercially focused, designed around your needs and wants and always geared towards ensuring that you come out of a dispute on the best terms possible — whatever side of the fence you are on.
We act for businesses of all shaped and sizes and the results we achieve are truly impressive. Just ask a past client of ours who found themselves on the wrong side of a dispute with Microsoft and was facing a claim valued at £1 million which we managed to settle for just £6,000.
It is nit just disputes that we can help with but also intellectual property protection , intellectual property audits, commercial contract for the exploitation and commercialization of intellectual property rights and legal due dilligence on the sale and purchase of businesses with an achieve intellectual property portfolio.
List of notable intellectual property cases
- Defended an IP infringement action by LEGO against our clients, UK based whole sellers. The value of the claim exceeds £ 1.2m;
- Defended an IP infringement action by Michael Kors against our clients, UK based whole sellers. The value of the claim exceeded £500k;
- Defended an IP infringement action by Mamas & Papas against our client, UK based whole seller. The value of the claim exceeds £300k;
- Defended an IP infringement action by Microsoft our clients, UK based whole sellers, reducing our client’s liability from over £1m to £6k;
- Defended an IP infringement action by BooHoo.com. Case settled successfully for a nominal amount saving our Client from a risk of insolvency.
- Registration of various trademarks, patents and designs for our Clients, usually SMEs, in order to protect their intellectual property rights.
- Advising Client on IP protection, carrying out an audit and creating a strategy for the exploitation of the IP in order to maintain and strengthen the competitive edge.