Intellectual property disputes

People know you by your name and logos, domain name and websites. You will also use or create databases, software and written documents every day. These are often amongst your most valuable assets.

We can help make sure you have the best possible intellectual property (IP) protection in place for these assets. This ensures you can carry on “business as usual” and, if you find out that anyone is trying to trade off your reputation,  or take advantage of your confidential information, you can take action to stop them.

We advise extensively on IP claims, including trade mark infringement, passing off, copyright infringement, comparative advertising claims, and database infringement for a wide range of clients in different sectors.

Claims are often resolved through negotiation or mediation, but if you need to take action in the courts we can represent and guide you through the process.

Our specialist expertise in the not-for-profit sector mean we are attuned to the unique challenges you face. We can help address the reputational concerns and regulatory obligations that arise when resolving disputes.

How we help

How we can help: 

  • Advising on what to do if someone is using your name/brand, copyright work, databases or confidential information – whether deliberately or inadvertently – and considering all options for taking action to stop it.
  • Advising you on what to do if you receive a cease and desist letter (pre-action letter) alleging that you have committed trade mark or copyright infringement.
  • Enforcing trade mark and other IP rights at home and abroad, whether through litigation (working with overseas partners) or a negotiated settlement.
  • Representing you in bringing, or defending, proceedings in the courts (High Court and Intellectual Property Enterprise Court)
  • Defending any opposition to your trade mark applications, or opposing another party’s application if their proposed mark is too similar to yours, at home and abroad
  • Advising on the regulatory implications of IP disputes, including reporting serious incidents to the Charity Commission and reporting to Ofqual under its General Conditions of Recognition.
  • Making sure that, when you partner with others, you have all the necessary permissions to use their IP (and perhaps vice versa). In particular we can review and/or negotiate licence agreements and advise on proposed fundraising campaigns.

Our team has decades of experience managing matters robustly and effectively. We will help you navigate through the process – in plain terms and in a commercial and pragmatic way.

Don’t hesitate to get in touch to find out more about how we can help you.

We also offer bespoke copyright training for charities.

Recent examples of our work

Advising charities

We have extensive experience advising charity and not for profit clients on protecting and enforcing their intellectual property rights and reputation. Our work includes:

  • Taking pre-action steps, including issuing a cease and desist letter with undertakings, to stop trade mark infringement where a fraudulent third-party website was using a charity’s name to solicit donations;
  • Advising a leading household name charity on stopping an unrelated commercial third party using its name for one of its commercial activities. The charity did not wish to be associated with it in any way, and we were able to protect the charity’s reputation;
  • Acting for a charity in a dispute involving a similar logo used by another organisation, and negotiating a settlement requiring changes to the colour, text and typeface of the logo to avoid confusion among donors;
  • Advising on the defence of a copyright infringement claim relating to alleged unauthorised use and copying of images, including advising on settlement tactics and implementing measures to mitigate future risk.

Acting for commercial clients

We regularly advise commercial clients across a range of intellectual property disputes, including:

  • Issuing High Court proceedings for trade mark infringement on behalf of a hospitality client, resulting in a negotiated settlement under which the defendant agreed to change its name and contribute to our client’s legal costs;
  • Advising a corporate client in a High Court claim concerning infringement of database rights under a commercial licence;
  • Supporting international law firms on trade mark infringement in the UK in respect of clients in various sectors including homeware and packaging;
  • Advising on claims involving passing off and trade mark infringement in relation to online directory services.

Working with trade membership bodies

We have significant experience working with membership organisations to safeguard their marks:

  • Advising a trade membership body that licences its members to use its branding, and taking enforcement action against unauthorised use by a third-party purporting to be a member;
  • Securing judgment in the Intellectual Property Enterprise Court against a serial infringer, preventing further misuse of the organisation’s marks.

Working with professional membership bodies

  • Advising a professional membership body on a complex copyright ownership dispute involving jointly created works and successfully negotiating a settlement that resulted in the other party ceasing use of the work.

Working with Awarding Organisations

  • Acting for an Awarding Organisation in a copyright infringement claim relating to its Ofqual-regulated qualifications, achieving resolution via mediation.

Working with International NGOs

  • Advising a major international NGO on enforcing its trade marks overseas, securing a commercial settlement that preserved brand exclusivity while avoiding the cost and exposure of complex and long-running overseas litigation.

Mediation

  • Facilitating the successful mediation of a dispute involving alleged misuse of confidential information and intellectual property infringement by a joint venture partner.
Meet our team
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