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Intellectual Property Infringement
If another business seeks to imitate your business, products or services, it is highly likely that they will have infringed one or more of your intellectual property (IP) rights.
Your IP rights are likely to protect your business against far broader infringements than exact imitations, and our team can assess and advise your business on whether or not the imitator has crossed the line.
Our team of IP infringement solicitors will also advise you of the technological solutions for immediately detecting and, shortly thereafter, the takedown of infringements in your key online and offline marketplaces, in order to limit any damage to your business.
To speak to the team about a suspected infringement of your intellectual property rights, contact us today by calling 0345 872 6666. Alternatively, fill in our online enquiry formto let us know a convenient time to call you.
How JMW Can Help
It is advisable to instruct JMW’s intellectual property team to review your IP protection before you detect a potential infringement. Our expert solicitors will provide the best solution for you through a strategic registration programme.
The team will also place online and offline detection schemes on your business’s key marketplaces and indicators to track any imitators entering your market, meaning you will be able to swiftly spot and stop infringements.
If you believe that your business’s intellectual property is being infringed, it is imperative that you seek legal help as soon as possible. Our highly experienced intellectual property infringement solicitors can quickly advise you on the most effective way to stop the imitator and how to seek compensation for any losses caused to your business.
Alternatively, if you are on the receiving end of a letter before action alleging that your business is infringing another’s IP rights, it is vital that you speak to a legal expert immediately before matters (and costs) escalate further. Our skilled team is experienced in successfully defending claims and bringing matters to a swift conclusion.
Examples of Infringing Intellectual Property Rights
There are a number of ways that a business’s intellectual property rights can be infringed, including:
Imitating a brand
If someone has used or imitated your brand, or your business’s look and feel, you may be able to stop them as they are likely to have passed off their business as yours. We will need to show that you have goodwill in your brand, and that their use amounts to a misrepresentation that has caused your business damage.
Our trade mark experts will advise you on how to strengthen your brand rights for the future through trade mark registration.
Alternatively, if you have already registered your brand as a trade mark, you are likely to have far broader and stronger protection, as you will have grounds to bring an action for trade mark infringement. This not only covers brands that are identical imitations in the same field of business as you, but also similar brands, even if they are in a dissimilar area of business. Our IP team has many years of experience in assessing the strength of such cases.
It is very important that you seek expert legal advice before contacting the imitator, as any direct contact could result in the imitator bringing a claim against you for unjustified threats.
Copying content or a database
If another business has copied your content, you may be able to stop them with your copyright protection.
Since copyright is not registered in the UK, or Europe, it will be up to you to evidence that your business created and owns the right. Once this is established, we will need to show that the copyist has taken a substantial part of your original work. This is a complex legal test, so it is vital that you seek advice from our intellectual property solicitors before you contact the copyist.
Our IP experts have extensive experience in advising copyright holders of their rights and successfully bringing action against copyists. In addition, we work closely with JMW’s data protection team to assess if an infringer has also breached data obligations.
Releasing a similar design
If another business has copied the design of your product, you are able to stop them by exercising your various design rights.
For registered designs, our experts will need to verify the strength of those registrations and whether the infringer’s product creates the same overall impression. If a design has not been registered, we will need to assess whether any unregistered design rights remain and whether the infringer’s product is substantially the same as yours under these rights.
It can be tricky to prove whether a design has been copied, which is why it is vital that you seek legal advice before you contact the copyist. Any direct contact could result in the copyist bringing a claim against you for groundless threats.
Misusing confidential information or trade secrets
Someone who has misappropriated a business’s confidential information or trade secrets will have done so for a reason, and it is likely that this will cause serious harm.
The perpetrator may well be known to your business, as they are likely to have had access to your confidential information or trade secrets at some point in the past. It is vital that you commence investigations into how the material was taken immediately. The team at JMW is experienced in liaising with IT forensic teams to gather evidence of misappropriation and investigating misuse.
Once the evidence has been gathered and accessed, we will advise you on your options, including making an immediate application to the court to seek interim injunctive relief to stop the harm to your business.
Infringing a patent
For any business, the filing and prosecution of a patent is a significant investment. As such, it is vital that your business protects its monopoly right against would-be infringers.
Should you become aware of a potential infringement of your patent, it is vital that you seek expert legal advice from our intellectual property law solicitors before contacting the infringer. Any direct contact could result in the infringer bringing a claim against you for unjustified threats.
Talk to Us
If you suspect your business’s intellectual property rights have been infringed, or need legal assistance to mount a strong case of defence, contact JMW’s expert team of IP solicitors today to discuss the next steps you should take.