Supporting capability

Intellectual Property

When a name, work, design or secret needs protecting, or is accused of infringing

For most businesses, intellectual property is not an abstraction. It is the name customers ask for, the catalogue a competitor copied, the drawing a former employee took, the mark a rival has just applied to register. The practice treats IP as commercial property with a paper trail, because that is how courts treat it.

The work

On the rights side, the practice clears and files trademarks, manages prosecution and oppositions, and registers copyright and designs where registration strengthens the position. On the disputes side, it conducts infringement and passing-off actions, moves for interim injunctions where the copying is live, and defends businesses that receive claims, because many demands overstate the right they assert.

The practice also writes the contracts through which IP earns money or leaves safely. Licences, assignments, franchise terms, and the confidentiality and IP clauses in employment and vendor agreements.

How the practice approaches it

IP disputes are won on priority, use and records. The practice defines what is actually owned and since when, verifies it in the registers and the client’s own records, tests the claim as the opposing side will test it, and then advises whether to register, to write, to sue or to settle. A cease-and-desist letter is a strategy decision, not a template, and the practice treats it as one.

Begin with the issue, not the sales pitch.

Describe the situation in general terms. The forum, the deadline, the document you have received. The practice replies with what it needs to check before anything else, and a conflict check comes before any confidential detail.

Before you write. Please do not send confidential documents, case papers or privileged detail until the practice has completed a conflict check and confirmed in writing that it can act. A first message should describe the issue in general terms only.

Letters & Spirit

Before you continue

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