Trademark and patent infringement, on either side of the claim.

Acting for rights holders

Infringement rarely announces itself. It may appear as a near-identical logo on a competitor's packaging, a product that reproduces a patented feature, or a reseller trading on your name without authority. We help you establish whether what you have found amounts to infringement in law, and what the realistic remedies are.

• Comparison of the marks, goods and services or the technical features involved
• Review of registration status, ownership chain and any vulnerabilities in your own rights
• Evidence gathering, including test purchases and documented online activity
• Demand letters, negotiation and, where needed, formal proceedings

Defending an infringement allegation

Receiving an allegation of infringement can be unsettling, particularly if it threatens a product launch or an established line of business. A measured response is essential. Many allegations overstate the scope of the rights relied on, and some rest on registrations that are open to challenge.

We examine whether the rights asserted are valid and enforceable, whether your activity actually falls within their scope, and whether you have defences such as prior use, an existing licence, or a difference in the goods or technical solution concerned. Where the rights relied on are weak, a counter-challenge may change the balance of the dispute entirely.

Trademark infringement: what is usually examined

In trademark cases the central questions tend to be how similar the signs are, how close the goods or services are, and whether ordinary purchasers are likely to be confused. The reputation of the earlier mark, the way products are sold and the overall impression created by packaging can all play a part.

Patent infringement: what is usually examined

In patent cases the analysis turns on the claims of the granted patent. Each feature of the claim is compared with the product or process in question, and the validity of the patent itself may be tested against earlier disclosures. These matters often require input from technical experts, which we coordinate as part of the case.

Proportionate outcomes

Our aim is to reach the outcome that serves your commercial position at a proportionate cost. For rights holders, that usually means stopping the infringing activity quickly. For businesses accused of infringement, it may mean demonstrating that the claim has no basis, or agreeing terms that allow you to continue trading with certainty.