Intellectual Property Disputes

Our cross-functional Business Law and Dispute Resolution teams work closely to provide you with the best advantage if you are involved in any form of intellectual property (IP) dispute.

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Laurie Heizler

Partner in Business Law

IP disputes arise quite frequently. TWM Solicitors has the expertise to assist clients who need to enforce their IP or defend a threatened legal action.

Enforcement

Many of our business, institutional and private clients own valuable IP rights. These may include patents, trade marks, domain names, designs or copyrights. It is essential that clients always enforce their IP rights against any parties that misappropriate them.

Defence

Our clients are sometimes on the receiving end of IP enforcement actions themselves. We can formulate the best defensive strategies and offer support in any settlement negotiations which may follow.

We cover all types of IP

Our team is highly skilled in handling contentious IP and can place you in the driving seat where you need to assert, defend or conserve your IP. Our expertise covers a wide range of IP matters including patent, copyright, design and trade mark disputes.

Trade mark and copyright actions often relate to infringements on the internet or in social media. Even if you have not registered any trade marks or designs, we can assist you with claims for “passing off” or breach of unregistered design right. Through our numerous connections with trusted overseas IP professionals, we can source advice and take action in other jurisdictions.

Specific actions where we can help concerning IP disputes include:

Assist you in the UK Intellectual Property Office by opposing new third-party trade mark or design applications that conflict with the IP you are already using. We can also help you to invalidate conflicting registrations of trade marks or designs where you have superior rights;
Assistance with the development of the most suitable strategy to further your case, or propose a settlement on best terms and on the most cost-effective basis;
Deal with domain name dispute resolution, usually through the Uniform Domain Name Dispute Resolution Policy or the UK Dispute Resolution Service;
Help you to ascertain valid entitlement to any IP, especially when ownership of copyright and other non-registered IP rights is put in question;
Initial assessments relating to the strength of your position in any new or continuing dispute;
Issuing an appropriate “cease and desist” letter if your IP rights are being infringed or there is passing off. If this does not produce a negotiated settlement, we can act for you in the Intellectual Property Enterprise Court or arrange a mediation;
Provide support if third parties have misused your confidential information or trade secrets, or if they have abused the reputation of your products;
Representing you if you have been threatened with proceedings for infringing someone else’s IP rights and where possible, helping you to avoid court action;
Take action in the Company Names Tribunal if you have objections to new company names which exploit the goodwill you have in your own company’s name.

IP disputes are often avoidable at the outset if you have a good understanding of the IP you own and how you can enhance the scope of protection it offers.

It is usually difficult to predict the costs that may be incurred in any IP action, but we provide transparency on costs and agree estimates with you beforehand.

If you need assistance in relation to IP disputes, whether it is to enforce your IP or defend a threatened legal action, please contact Laurie Heizler, Partner in Business Law or David Hitchcock, Partner and Head of Dispute Resolution.

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