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Intellectual Property Law

INTELLECTUAL PROPERTY LAW

We have specialist knowledge in defending and responding to allegations of Trademark or Copyright infringement. Clients who run or retain wholesale outlets must be particularly wary of how and from where stock is sourced. Despite exercising a high level of due diligence, infringed stock may go undetected.

 

A UK or EU registered trademark may be infringed in the following circumstances:

– Use of an identical sign for identical products

– Use of an identical sign for similar products or a similar sign for identical or similar products where there is a likelihood of confusion or association

– Use of an identical or similar sign for dissimilar products where the trademark has a reputation and the defendant’s use without due cause is detrimental to the trademark

 

Infringements can often result in complaints from consumers, resulting in investigations by local authority officers charged with the regulation and supervision of infringed trademarks. This is turn may lead to criminal proceedings against companies and/or individuals. Civil remedies for trademark infringement include injunctions, damages or account of profits, and delivery up and disposal of offending products. Clarke Barnes are also able to advice on copyright infringement where allegations may include:

 

– Making copies of work

– Issuing copies of work to the public

– Renting or lending work to the public

– Performing, showing or playing work in public

– Communicating work to the public

 

Our Consultant, Stephen Gilchrist, lectures on this topic and personally supervises such cases.