Litigation

Litigation

We specialise in advising clients involved in claims concerning intellectual property rights whether these arise in relation to a dispute over copied software, the unauthorised use of images, misuse of a trade mark or the appropriation of a design. The infringement can be deliberate such as in the case of counterfeiting, or unintentional. 

Priorities-based approach

We understand that not all cases and clients are the same.  A dispute requires a rapid and detailed assessment of the strength of the claim brought by or against our client in the context of the business’s commercial interests.  A smaller business may have a limited budget and need staged and costed advice about the key steps needed to protect its intellectual property.  We ensure that we understand your intellectual property needs in the context of your business’ priorities.

Preserving business values

It is important to have a clear idea of the merits of a claim so that you do not waste costs defending a weak position or find yourself pushed into an unacceptable compromise where you have a good defence.  The extent to which any dispute is worth pursuing depends on a number of factors including the importance of the issue to your business.  We will work with you to find an appropriate solution taking into account the sometimes unpredictable nature of the other party in the dispute.

Ongoing enforcement programmes

In addition to single disputes, we assist companies whose business depends on the licensing of intellectual property rights, such as image rights licensing.  Here unlicensed use is an ongoing problem.  We help our clients to find cost-effective strategies to manage large numbers of infringements which includes strategic selection of disputes for litigation and publication of outcomes to reduce the incidence of unlicensed use over time.

Collateral claims

Where outside agencies need to be involved, we have good working relationships with Trading Standards and HMRC in relation to counterfeiting and the importation of infringing products, and links with excellent IP practitioners worldwide.