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Specialisms

IP Litigation

“Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat.” – Sun Tzu

Trade mark disputes

Copyright disputes

Passing off disputes

Patent disputes

Design Disputes

Data loss

Data protection

Brand disputes

Breach of Confidential information

Software disputes

Trade secrets

IP Interim Injunctions

Website Disputes

Licensing Disputes

IP Restrictive Covenants

Breach of IP Contract Disputes

Our specialist legal team have set precedent several times, securing remarkable commercial results for our clients across the broadest scope of IP disputes.

 

What is IP litigation?

 

Intellectual property (IP) rights are the rights surrounding your intangible assets such as your brands and technology. IP rights are a poorly understood area of law. Getting it wrong can not only cost your business a great deal of money, it can also remove your commercial edge.

Whilst IP covers all intangible assets, some of these are better known and understood than others. For example, you may already know about trade mark and patent rights as you’ve already registered those rights at the Intellectual Property Office. What is less visible are your customer and supplier databases, your product designs and your copyrights. Those copyrights exist in your photos, texts, layouts, and your software or confidential rights in your data, reports and similar.

 

 

The Go-To Experts for Experts

 

Sadly, these days, there are many so-called “experts” out there offering a range of low-quality solutions. However, given the specialist nature of IP law and general lack of awareness, many people (including non-expert lawyers) lack the experience and expertise to handle IP issues without additional help. Fewer know very much about IP litigation. It’s one reason why we're the go-to experts for many other experts such as trade mark and patent attorneys.

 

 

The Elephant in the Room

 

Cost is not the elephant in the room for us.

We’ll provide you with fixed costs notes of advice, setting out your options ahead of time. This gives you peace of mind and something to think about. We also offer fixed cost calls to discuss the problem and your choices. Once we've embarked on litigation, we’ll inform you of costs upfront. No one likes surprises. We're not cheap, but we're certainly not rip-off merchants either. This goes against our core values of who we are and what we do. We wish we could be 100% accurate upfront with quotes, but litigation rarely allows us to cap costs as we do in other IP areas.

We guarantee that we will always be conscientious of your financial position, every step of the way.

 

Your Success is our Success

 

When we speak to you about IP litigation; it’s all about the best result for you.

It's important from day one to understand and plan for what can and can't be achieved. It’s also essential to put this into a commercial context. Not just a legal one. We’ll consider the problem in the round. Who will this affect? What message will be sent out to your team, your competitors, your adversaries? How will litigation affect the management of your business and the cash flow?

The answers to these questions and help you put the issue into context. Winning but winning at all costs doesn't always get you where you want to be. We will always work to secure your best possible outcome.

 

Picture of a nice cannon. IP Litigation.

 

The process we follow

1

Review and Advice

The key to any successful legal action is the best possible plan. At the beginning of any dispute a review is undertaken to 1) gather all the facts 2) identify the best options on the table and 3) ascertain the client’s ideal outcome. In many ways, the review is the most important stage in any matter. Our specialists are best placed to make the strongest argument at this stage often solving issues before they gain traction.

2

Response

Once a review is completed, a response letter to the other side may be required. A response letter often concludes a matter – either seeking action from the other side or mitigating a claim by limiting its legal footing. We formulate responses so that are carefully constructed, as it constitutes the foundation of a claim should it continue and furthermore, incorrect claims can result in costly counterclaims.

3

Correspondence

Should the other side not agree to withdraw their claim or fulfil undertakings – correspondence may then occur to progress the claim. We strike a balance between accruing further legal fees to argue with belligerent opposition and seeking to conclude the claim. In each instance we endeavour to leave you in the best possible commercial position.

4

ADR / Settlement

Alternative Dispute Resolutions (ADRs) and settlements are agreed courses of action decided by both sides on a claim. Such agreements are expertly negotiated by our team to ensure that the outcome best suits your business goals. In such cases where binding agreements are made, it is vital to have experienced experts negotiating your position; as such agreements will determine how your business is legally bound in the future.

5

Trial

Where possible, Virtuoso Legal’s experts will do everything within their power to ensure that your claim is resolved before trial. However, if not possible, the Virtuoso Legal team are highly experienced in resolving litigious matters in the Intellectual Property Enterprise Court (IPEC), High Court and intellectual property offices (IPOs). In addition, we have secured results in the UK Court of Appeal and Supreme Court. Trial can be challenging, with a large amount of preparatory work being completed by our team and barristers. We present the strongest possible legal argument, minimise the impact of the litigation on your business, and achieve the best outcome for you.

“In each case, our specialist team seeks to resolve your dispute as quickly and cost-effectively as possible. Our unique in-house expertise allows us to resolve issues much quicker than our competitors, before costs get out of hand.”

Elizabeth Ward, Founding Director and IP Solicitor

Our experts in this area

Elizabeth Ward

Kirsten Toft

Case study

Ex-employees of a biotechnology giant contacted the Virtuoso Legal team when their previous employers brought a claim. Having set up their own business, the giant claimed they were using of confidential info and breaching their old contracts. We successfully stepped in to defend the ex-employees in the High Court in a highly technical David versus…
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Case study

A complex case involving trade mark use, Google AdSense advertising and the domain name "argos.com".  Virtuoso Legal client Argos Systems (USA) receive a High Court claim from retailer Argos (UK) relating to the domain and associated issues. Claim is defended by Virtuoso Legal, through the High Court, Court of Appeal and the Supreme Court.  …
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News and results

03/10/19

By Lauren Waterman, Trainee Solicitor involved in this case. This case concerns an appeal of a first instance decision relating to information barriers and clarifies the correct approach to be applied to “former opponent” cases. This case is now the leading authority in this regard. Cases such as this were rare, as demonstrated by the…
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Case study

An ex-employee of a world food company left the company seeking to work for a competitor. Following this, the prior employer brings an interim injunction on the basis of a breach of contract and restrictive covenants. Virtuoso Legal assisted Mr. Jing Lu in defending the interim injunction, subsequently winning the case in the High Court.…
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Case study

An international linguistic services company found a third-party website using its brand selling services. The team at Virtuoso Legal investigated, finding a competing company had set it up and had been siphoning business through the site. This was a cybersquatting and trade mark infringement case, resulting in a record cost and damages award. Click to…
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Case study

Defending against an interim injunction brought on the basis of an allegation of design right infringement. The design in question concerned a "whisky experience tasting glass". Halting the injunction in its tracks, deploying a range of other strategies were taken to secure our client's position. This then led to a confidential settlement between the parties.  …
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