Intellectual Property Litigation
At Hallmark Solicitors we are experienced in acting for both the Claimant and the Defendant in passing off claims.
Passing off occurs when one business attempts to mimic another (or pass itself off as that business).
This can be damaging to both the reputation and goodwill of the target business, and if someone else uses this goodwill and reputation then it is possible to bring a claim by using the law of passing off.
In order to bring a successful claim, the business will have to prove that they have established a reputation and goodwill, that there has been a misrepresentation by another which has led to confusion and that the misrepresentation has caused damage to the reputation or goodwill.
In bringing a claim, an injunction to prevent further passing off may be claimed, along with damages or an account of the profits made as a result of the passing off or an enquiry to establish loss and an order for the delivery up or destruction of any items or articles which may be infringing on goodwill and reputation.
Theft & Infringement of Intellectual Property
Hallmark Solicitors commercial litigation solicitors can advise at any stage of an intellectual property dispute and will thoroughly investigate cases involving misuse or misappropriation of IP, including:
- Breach of copyright
- Disclosure of confidential information
- Passing off
- Patent infringement
- Unauthorised use of IP.
IP theft commonly involves counterfeit goods, such as fake designer goods, bootleg DVDs, and counterfeit tobacco and alcohol products.
In the UK, it is possible to take action for theft or infringement of intellectual property if another party:
- Uses, sells or imports a patented product or process
- Uses all or some of an original work under copyright without the creator’s permission
- Makes, offers or sells a registered design for commercial gain
- Uses a trademark identical or very similar to a registered trademark by another creator.
We are always happy to speak with clients who are having issues in this area. We undertake a thorough initial assessment and advise accordingly. We can be contacted on (01482) 616 616.