Trade marks are governed by European law which is continually evolving through decisions of the European Court of Justice (ECJ).
Trade mark law once only acted to safeguard the use of a mark as an indicator of the origin of goods or services. Recent decisions of the ECJ have expanded the functions of trade marks to protect the value of brands and to prevent others from “piggy backing” or obtaining an unfair advantage from associations with successful brands.
These decisions have far-reaching consequences for brand owners and businesses who have built up a substantial goodwill and reputation in their business name and brand. We have an excellent track record for successfully resolving brand disputes, particularly where competitors are unlawfully using elements of our client’s name or branding to gain an unlawful foothold in the market.
We also have a wealth of experience and knowledge in defending clients who are accused of infringing another’s trade mark or passing off their business as that of a third party.
We take prompt and robust action through the courts where needed (for example through the use of freezing and search orders when acting for a claimant, or through counter-claims for groundless threats if acting for a defendant), and approach all disputes with the same focus on resolving the issues to our clients' benefit in the most cost-effective way possible.
Our objective is to secure the best possible tactical advantages for our clients, whether this be through proceedings in the High Court, Patents County Court or the European Community or UK Trade Mark Offices.
Trade mark infringement within the context of a franchise network
The team also provides intellectual property support to the Franchising team, particularly where former franchisees launch their own competing businesses with similar branding to that of the franchisor, unlawfully using the franchisor’s know how and confidential information.
In such cases, we carefully select the disputes the franchisor takes through the courts, so that the franchisor firmly quashes unfair competition whilst sending an unequivocal message to the franchise network not to infringe the franchisor’s rights.
Trade mark infringement solicitors
To arrange a discussion with an trade mark infringement solicitor click here or call us on 0800 840 4929.
