11Regulatory
Intellectual Property
Advisory and enforcement support for trademark, copyright and related IP matters.
Protecting and enforcing intellectual property rights calls for both registration-stage diligence and, where necessary, firm enforcement action. We assist clients with IP-related advisory and contentious matters.
Services & Matters Handled
- Trademark and copyright disputes
- IP infringement and passing-off matters
- Cease-and-desist correspondence
- IP-related advisory support
What To Bring
Typical information that helps us assess a matter of this kind:
- Registration certificates or applications, where available
- Evidence of use or infringement
- A description of the intellectual property concerned
How a matter of this kind proceeds
Establishing the right
We confirm what right is actually held — registration, or reputation built through use — and gather the evidence that proves it. Enforcement is only as strong as this step.
Cease and desist
A notice is issued setting out the right and the infringement, and requiring it to stop. Many matters end here.
Injunction proceedings
Where infringement continues, a suit is filed with an application for interim injunction, which in IP matters is often the decisive stage.
Trial or settlement
Matters frequently settle on terms after interim orders; where they do not, the suit proceeds to evidence and judgment.
Timelines are indicative only. Listing and hearing dates are set by the court or tribunal concerned and are outside the firm’s control.
Common questions
My mark is not registered. Can I still stop a copycat?
An unregistered mark can be protected in a passing-off action, which rests on reputation acquired through use, misrepresentation by the other party and resulting damage. The evidentiary burden is heavier than for a registered mark, which is a good reason to register.
Someone is using my content online. What can I do?
Options include a notice to the infringer, a takedown request to the platform or intermediary, and proceedings for injunction and damages. Which is proportionate depends on the scale of the use and on whether the infringer can be identified.
How quickly must I act?
Promptly. Delay in enforcing an IP right weakens an application for interim injunction, because the court asks why urgent relief is needed now if the use was tolerated earlier. Acquiescence is a defence, and it is built by inaction.
Next Practice Area
Consumer Disputes