INTELLECTUAL PROPERTY DISPUTES

If infringement occurs there are several remedies available including:

• An injunction to prevent future infringement.
• Compensation for the infringing activity based either on the loss suffered by the owner or the profit made by the infringer.
• Destruction or delivery up of the infringing materials or articles.

A company’s brand is their identify. Registering elements of the brand as a trademark gives the brand legal protection. Subject to some exceptions trademark infringement occurs when a third party, without the permission or consent of the registered trademark owner, uses the mark in the course of its trade or business.

Copyright protection is automatically granted for ideas or creative activity that has been fixed or recorded in some way. Unlicensed copying, altering, distributing, performing or reproduction of a businesses’ copyrighted material (e.g. website content, software, branding, products or promotional materials) would amount to an infringement of the owner’s rights.

Patent infringement occurs when a third party makes, uses, or sells a protected invention without permission or consent of the patent owner.

The law of passing off protects unregistered rights associated with a particular business, its goods, or services. Passing off protects a business’s goodwill in relation to their goods and services. Goodwill is the brand reputation which is built-up in relation to specific goods or services over time and which attracts customers.

Claims for passing off can be brought in a wide range of situations and would include instances were an unregistered brand is used or adapted by a competitor. In each case, the key issue is the danger of misrepresentation as to the origin of goods or services. If someone leads consumers to believe that their goods or services relate to another business, when they are not, then the other business can bring a claim against the infringing business.

Passing off claims can be difficult to prove because claimants need to establish some form of loss and be able to demonstrate that there is public confusion as to the two businesses. Should you believe that your rights are being infringed speak with one of our expert solicitors today to see if we can help.

If you believe that your intellectual property rights are being infringed, or you are concerned that you are infringing another company’s intellectual property rights, then you should contact our litigation solicitors today. Please contact us on 0161 669 4621 or by email at sbirchall@birchlaw.co.uk for a free no obligation chat.