Intellectual Property is an extremely valuable business asset which can be leveraged to help your business grow. However, sometimes other individuals and businesses attempt to use your intellectual property (for example, your designs, logo, trademarks, etc) and other confidential information and trade secrets to their own advantage and for their own financial gain or to cause damage to your business.
In some circumstances, individuals or businesses may try to “pass off” as your business in order to gain financially or in reputation from your business’ goodwill. This could have a very significant detrimental effect on your business and its reputation. Therefore it is important that you take the necessary steps to protect your rights.
Our team of Intellectual Property Litigation experts are able to assist you with issues such as:
- Trade Mark, Copyright and Patent Infringements;
- Design Rights;
- Passing Off claims;
- Domain Name Disputes;
- Database Rights Infringement;
- Contractual Disputes regarding licencing agreements;
- Deputes relating to the use of confidential information
We have extensive experience in dealing with client’s ranging from sole traders to multi-national companies and will work with you to achieve the right commercial solution for you and your business.
Our team will pursue the most suitable remedy to protect your business, whether that be an injunction, an award of damages, accounting for any profits made by the defendant or delivery up/destruction of the infringing articles. Where appropriate we will also look to secure interim relief to protect your position pending the outcome of a full trial.
- Kennedys were instructed by a well-known health and wellness spa company in respect of a potential claim for Passing Off. A company had begun to trade under a very similar name to our client. We successfully obtained an agreement from the company concerned that it would change its name at Companies House without the need to issue any formal court proceedings.
- We acted for an AIM listed company defending a claim for alleged patent infringement. We were able to successfully resolve the dispute and also bring a counter claim for damages against a former director of the company, who had unlawfully used our client’s IP.
- Kennedys have resolved many claims for our clients who have been threatened with injunctions for alleged IP infringements with regards to parallel imports of products in the grey market.
If you are concerned that a person or business (which may be a competitor, ex-employee, consultant, supplier or innocent user) is exploiting your goodwill and intellectual property rights or you wish to defend a claim, please contact a member of our expert Litigation team by calling, emailing firstname.lastname@example.org, or using our contact form.
If you would like further information around protecting and leveraging your Intellectual Property rights from the outset, our Corporate and Commercial team can help.