Intellectual Property Disputes

A trademark is your business’ brand. It is the very thing that distinguishes you (and your products/services) from others. Indeed, it is for that very reason that you will have decided to register your own trademark, to make sure that customers choosing a product/service know who they are choosing to buy that product/service from and what they are getting.

It is often thought that trademarks are limited to business names. However, they can comprise a variety of different things including the name, the logo you use or even a particular shape.

When you register a trademark, it gives your business the exclusive right to use that trademark and in registering your mark you have taken the first step towards properly protecting your identifying “get up”.

However, simply registering a trademark will not stop others from trying to use an identical or a similar version that might confuse your current or prospective customers. It is therefore vitally important to ensure that you protect your trademark from infringing actions of others.

At the same time, you might find that you have developed your own new mark or brand but that a competitor has written to you alleging that you are infringing their trademark. It might be that you consider that your mark is different, whether in its own appearance or in the product it relates to, and you wish to defend your position.

At Palmers Solicitors we are experienced in providing advice on all possible options, including pursuing or defending undertakings, applications for injunctive relief (interim or final), substantive proceedings and pursuing damages or an account of profits.

Whilst a failure to register a mark or get-up associated with your business might leave it open to being copied by a competitor it does not mean that you are without protection.

The common law of passing off provides protection to your identifying get-up in certain circumstances, irrespective of whether you have registered a trademark or not. If you think that you can establish goodwill in your name, a misrepresentation by the infringing party causing confusion and leading to loss you might have a claim for passing off.

We are also able to defend passing off actions brought against you by other parties and we are experienced in providing advice on all possible options, including pursuing or defending undertakings, applications for injunctive relief (interim or final), substantive proceedings and pursuing damages or an account of profits.

Copyright protection can exist in a variety of different creations, including written works, information technology, photography, architectural design, drawings, illustrations, paintings, drama, music, films, sound recordings, artistic creations and so on.

If you believe that you have copyright protection in a particular creation then it might be that you benefit from the protection provided by the law, which will often include an exclusive right to use that particular creation and to prevent others from infringing actions such as copying, issuing copies to the public, and adapting your work.

If you think that your rights have been infringed or someone has alleged that you are infringing their rights, then seeking professional advice from lawyers who specialise in copyright law is key.

Confidential information is often key to your business because it might be what you consider giving you a competitive edge. It could include pricing structures, customer details, designs, internal strategies, etc.

Confidential information can be protected by other rights, such as copyright or database rights depending on how it is stored, however, generally it is protected by contractual clauses imparting obligations of confidentiality on those who have access to it or (in the absence of contractual clauses) a common law obligation of confidence in certain circumstances.

If you require advice on a potential breach of confidentiality, then we would encourage you to contact Palmers Solicitors quickly because matters of this kind often require a speedy resolution before more damage is done. We are able to advise on all aspects of such disputes, including whether there has been a breach, prospects of success and loss on a claim and immediately preventing further threat to your business by pursuing injunctive relief.

Licensing and ownership agreements are essential for protecting and monetising your intellectual property (IP), allowing you to control how your IP is used while maintaining ownership rights. Whether you are licensing your trademark, copyright, or patent, a well-drafted agreement ensures that you retain control over your creations while allowing others to use them under clearly defined terms.

In a licensing agreement, you grant another party the right to use your IP in exchange for payment or other benefits. This can be a lucrative way to expand your brand or technology without relinquishing ownership. The agreement should detail the scope of use, geographic limitations, duration, and any royalties or fees associated with the use of your IP.

Similarly, ownership agreements define the rights and responsibilities of the parties involved in the creation, use, or transfer of intellectual property. For businesses, ownership agreements are crucial when working with employees or third parties who may contribute to the development of new intellectual property. These agreements help clarify who holds the rights to any creations and ensure that future disputes regarding ownership are avoided.

At Palmers Solicitors, we can help you draft, negotiate, and enforce licensing and ownership agreements to ensure that your IP is protected and used in ways that benefit your business. If disputes arise over licensing terms or ownership rights, we are also experienced in providing advice and representation to resolve matters efficiently and protect your commercial interests.

We draft letters before action, particulars of claim, prepare evidence, and negotiate with the other party on your behalf.