We advise on all areas of trade mark strategy and protection and regularly litigate on behalf of our clients to protect their rights. We handle all aspects of trademark infringement as well as managing major disputes between competing brand owners and actions involving counterfeiting and similar activities. We also deal with trademark licensing and transactions involving investment in, or the acquisition or disposal of, major brands.
We work alongside our clients in a strategic counselling role, helping to protect high-value IP without the need to resort to litigation, as well as enabling our clients to make the most of their IP assets through licensing and other commercial agreements, whether in transactions or on an operational basis.
We manage worldwide portfolios for many leading brands and advise on strategy, protection and enforcement. In the management of these portfolios, we assist with strategic portfolio overview, rationalisation of intellectual property protection, proactive comparison of marks in use with marks as registered or where registration is being sought, clearance advice on use and registration of marks, watching and monitoring services, and advice to prevent other parties using similar marks.
We provide specialist advice on:
- Brand clearance and the risks of third party claims for trade mark infringement, passing off and related issues
- Comparative advertising issues (whether involving complaints of trade mark infringement before the High Court or complaints to the ASA, that advertising fails to meet the Advertising Codes)
- Online behavioural advertising
- Regulatory complaints regarding breaches of the CAP, BCAP or Ofcom Codes, in particular, whether or not advertising is misleading
- Gambling law
- Advice on aspects of lotteries and promotion regulation
- E-commerce advice, including online terms and conditions, privacy policies and distance-selling regulations