Intellectual Property Disputes
We have a strong dedicated IP team that specialises in all aspects of IP, including protection, maintenance and enforcement of intellectual property, including defending claims of infringement as well.
What is involved?
Businesses deliver products, processes and brands to increase sales and grow market share. Intellectual Property rights are valuable in that endeavour because they can be used to prevent competitors from copying products, processes or branding. That may be the design of a new light fitting, a patent for a new machine, an haute-couture fashion brand or copyright in music or a piece of art.
However, the scope of intellectual property rights are balanced against fair competition and so the line in between is not always black and white. That’s where disputes arise.
A successful rights holder will be able to prevent an infringer from using its rights by injunction, by delivery up of goods, and by claiming compensation, but an unsuccessful one may find its rights invalidated and be liable for costs.
Therefore the value of intellectual property rights is in their creation, in understanding how to enforce them and how they can be challenged.
Why choose our intellectual property disputes team?
We have a strong dedicated IP team that specialises in all aspects of IP, including protection, maintenance and enforcement of intellectual property, including defending claims of infringement as well.
This means we have the resources and skills to employ a broad range of expertise and deliver strategies that are focussed on your objectives and preferred outcomes, rather than engage in mechanised litigation alone. It means we can deliver a better, quicker and more cost effective resolutions.
Call our experienced Intellectual Property team to find out more.
Key contacts
Simon Barker
Partner & Head of Intellectual Property
Get in touch
Notable work
- Defending and resolving a claim for infringement of a shape trade mark for a chocolate bar and counterclaiming for cancellation of the mark.
- Claiming immediate injunctive relief for the use of a trade mark in advertising.
- Claiming injunctive relief in relation to the use of a well-known trade mark for different services.
- Defensive cancellation and revocation of competitor trade marks.
- Cancellation of a shape trade mark for kitchen equipment.
- Bringing cancellation and rectification proceedings relating to a brand of protein ice cream.
- Acting for OEM of cars in a case of trade mark infringement relating to imported replica vehicles.
- Defending, prosecuting and settling claims in passing off relating to product packaging.
- Defending and resolving a claim for patent infringement relating to the design of an agricultural machine.
- Defending and resolving a claim for patent infringement concerning modifications to a product and whether that amounted to infringement.
- Defending a claim for infringement of copyright in a children’s story book.
- Resolving claims by collecting societies such as CLA and PRS/ PPL.
- Defending a claim for copyright infringement and breach of a licence to distribute teaching materials.
- Defending a claim for breach of copyright and licence relating to the rental of musical scores.
- Bringing a claim for infringement of UK and Community unregistered design rights in relation to designer shoe.
- Defending and resolving a claim of registered and unregistered design infringement in respect of furniture designs.
- Invalidation of a registered design for a cup holder.
- Bringing proceedings in court for breach of confidence and at the Patent office for a declaration of entitlement to foreign patent rights over automotive machinery.
- Defending claim by automotive manufacturer over allegations of a breach of confidence in CAD designs for cars (along with other various other causes of action).
- Claiming immediate injunctive relief for recovery of a domain name and reinstatement of email traffic without notice to the holder who had misappropriated the domain for himself.
- Making UDRP and Nominet complaints in cases of typo-squatting and cyber-squatting.
- Birlea Furniture Ltd v Platinum Enterprise (UK) Ltd & Anor [2018] EWHC 26 (IPEC)
- Decision of Fourth Board of Appeal of 20 November 2017 in case R 2240/2016-4
- Coral Group Trading Limited v Gruner + Jahr GmbH & Co KG
- Judgment of the General Court (Second Chamber) of 16 May 2017
- Airhole Facemasks, Inc. v European Union Intellectual Property Office
- EU trade mark Case T-107/16
- Decision of Cancellation Division of 5 July 2016 in case ICD9923
- Creative Products Ltd v Gimex melamine plus GmbH
- Moroccanoil Israel Ltd v Aldi Stores Ltd [2014] EWHC 1686 (IPEC)
Testimonials
They provide us with measured advice in an understandable manner. The team has exceeded our expectations with their responsiveness.
Chambers & Partners, 2024
Freeths’ IP team has spent time really getting to know our business and brand and what is particularly important to us. The team proactively advise...
The Legal 500, 2023
Very experienced team in soft IP, in particular trademarks / passing-off, and copyright and designs.
The Legal 500, 2023
They have a great understanding of our business and the ability advise us in a commercial and practical way, whilst remaining professional.
The Legal 500, 2023
Meet the team
Simon Barker
Partner & Head of Intellectual Property
James Hartley
Partner & National Head of Dispute Resolution
Sadiea Mustafa-Awan
Senior Associate
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