Has a competitor infringed your brand, logo or trade mark? Has someone passed-off themselves as you? Or have you been accused of infringing someone else’s trade mark or passing off? If you have a brand infringement, trade mark infringement or passing off issue we strongly encourage seeking legal advice without delay. We specialise in handling brand infringement and passing off claims on both sides of the dispute and are able to help.
What is brand infringement?
Brand protection typically requires all-embracing IP strategy which comprises copyright, domain names, trade marks, patents and other IP rights.
Copyright infringement: Copyright will be infringed where a substantial part of a work is copied without the consent of the owner of the copyright. There are also various other acts, besides copying, that can amount to infringement where a third party does them without the consent of the copyright owner.
Trade mark infringement: A trade mark is infringed when someone, for example a competitor, uses a sign, logo or mark which is the same or similar to a registered trade mark for the same or similar goods or services.
Passing off: A passing off claim may be brought when someone passes off a business’ goods or service as their own by making a misrepresentation to the public.
Design infringement: The scope of each varies, but in general design rights can be used to protect the shape and configuration of 3D products. Design rights may be infringed if a third party copies the design of a product without the permission of the owner of that design.
Patent infringement: A patent is usually infringed if a product or method embodies or does each of the features or steps in the ‘claims’.
Brand infringement claims - what recourse do I have?
Whether you think your brand’s intellectual property has been infringed or someone is accusing your of infringement it is important to take legal advice quickly so that all options for recourse can be discussed. There are various forms of recourse that have various levels of cost associated with them from sending a cease and desist letter to court action.
How our team of attorneys and solicitors can help
We can help you with the following:
- Assess the prospects of success for any brand infringement claim.
- Prepare a cease and desist letter or, as appropriate, a response to any cease and desist letter, clearly setting out your position and complying with all requirements of the UK courts.
- Look into practical ways to resolve your brand dispute without court action.
- If your dispute is not resolved and goes to court, robustly presenting your case.
For a free consultation call us on 0207 269 8550 or email email@example.com.
Why we are best placed to help
We are a leading UK intellectual property firm, dedicated to protecting and enforcing our clients’ IP rights. We have specialised in IP protection for over 125 years and in 2017 we were awarded Managing IP's Trade Mark Firm of the Year. Whether a large corporation, small to medium sized enterprise or sole trader, we are committed to providing you with only the best IP advice available.
They are very efficient and give excellent advice and support.
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We offer a free initial consultation in order to help you understand the legal and practical issues relating to your case. This will enable you to decide what action to take, with no obligation to work with us at that stage.
We are known for our clear, reliable and cost-effective advice and have many years of experience of successfully protecting and fighting for our clients' rights.