Trade mark infringement: Navigating claims for registered brands
Whether you need to enforce your brand boundaries or defend against a legal accusation, a trade mark infringement claim can have a serious impact on your business.
Not only does a legal claim demand resources (time, money, peace of mind), but negative results can have a significant impact on your ability to deploy a brand, which has serious commercial ramifications.
As a brand owner, you are either seeking to assert your rights against an infringing party or, conversely, you are forced to defend your commercial position from a claim made against you.
Either way, this is not an exercise in legal theory; it's a commercial fight that demands an assertive, commercially-focused strategy.
Trade mark Infringement: How we assist you
Intellectual property (IP) is a specialist area of law, and Virtuoso Legal has operated exclusively in it for the past 18 years.
During this time, we have earned a reputation as a formidable IP litigator, besting large corporate firms in the courts despite our relative size and stature.
We have been the assertive force behind some of the most prominent trade mark enforcement campaigns and have successfully defended businesses, both large and small, against unjust claims.
This dual experience means we understand trade mark disputes from both sides of the courtroom, and have a host of experience to draw advanced litigation tactics from.
We can anticipate the strategies of the opposing party, regardless of whether you are the enforcer or the defender.
This comprehensive perspective is a critical advantage in any litigation environment.
Our unique capability in this area
Every dispute is unique, particularly within its commercial context.
We take the time to understand the rights in question and their commercial significance to your business.
From this comprehensive understanding of the facts and our specialist legal expertise, we develop a laser-focused litigation strategy that explores all possible avenues for success on your terms. This includes avoiding a drawn-out legal conflict, should this be in the best interests of your business.
Our forensic approach to litigation never loses sight of the underlying objective: ensuring your business can continue to succeed and operate seamlessly.
Whether that means aggressively enforcing your rights or strategically defending your brand, our focus is always on achieving a commercially sound outcome.
Trade mark infringement: Common questions and answers
What should I do if I suspect my trade mark is being infringed?
The most critical first step is to act fast but discreetly.
Do not contact the suspected infringer.
Instead, immediately collect and preserve all evidence of the infringement (screenshots, product packaging, domain records). Contact a specialist IP litigator.
We can conduct a forensic viability assessment to confirm the strength of your claim and plan a decisive, commercially sound strategy before any evidence is lost or the other side is alerted.
What are the first steps if I receive a cease-and-desist letter?
Do not ignore it.
A cease-and-desist letter (or other kinds of pre-action correspondence) is a formal notice that precedes legal action and often contains time limits.
The first step is to immediately engage specialist counsel.
We will conduct a rapid risk assessment to evaluate the validity of the claims and the underlying strength of the opponent's trade mark.
This allows us to craft a strong, commercially-focused response designed to either dismiss the claim or negotiate a rapid, cost-controlled resolution.
What is the typical cost and timeline of a trade mark infringement case?
The overall cost and timeline are heavily dependent on the complexity of the matter and the route taken (e.g. High Court vs. IPEC).
Full litigation can take 12 to 18 months or more, which is something that needs to be factored into the decision-making process.
However, we prioritise cost certainty and work to scope out the investment upfront.
We often use fixed phase pricing or strategic resolution methods to minimise cost (by resolving issues as soon as possible) and maximise budget certainty.
What are the alternatives to litigation?
We view litigation as a strategic tool, but not always the first step.
Alternatives like alternative dispute resolution (ADR), primarily mediation or arbitration, are often highly effective.
Our litigation expertise is critical here: we negotiate from a position of strength, knowing exactly how the case would fare in court.
This allows us to secure a strong, commercially favourable settlement quickly and discreetly, saving significant time and cost for your business.
Your next steps
Is your business anticipating a trade mark infringement dispute? Arrange an appointment with our team below to assess your situation.
The content on this page is provided for general informational purposes only and does not constitute legal advice. No solicitor-client relationship is created by your use of this site. While we strive to ensure the information is accurate and up-to-date, it should not be relied upon as a substitute for professional legal counsel. For specific advice regarding your legal situation, please contact us directly to arrange a consultation.
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