A company's brand and trade marks can form a vital part of its business assets. We advise extensively on brand and trade mark protection, including registration, trade mark audits and portfolio management. We also advise on brand protection strategy and the assignment and licensing of valuable trade marks, including potential pitfalls arising out of EU legislation.
Contact: Cathleen Blackburn
trade marks and passing off disputes
We act in trade mark infringement cases, often involving difficult judgements about whether the relevant marks and the goods and services they cover are identical or similar in nature, whether 'honest trade practices' have been abused and whether one party is free-riding on the goodwill of another.
We are also experienced in parallel import cases, with a particular expertise in the pharmaceutical sector.
Passing off cases (known as 'unfair competition' in the US) involve unregistered trade mark rights. These cases often involve similar names, designs or get-up and a judgement whether one party is misrepresenting that it is connected with or endorsed by another.
We are also frequently involved in the developing area of image rights, particularly following the Rihanna –v- Arcadia Brands case.
Contact: Steven Maier