Intellectual Property Disputes

Often a party will require you to cease using the trade mark and seek to restrain you from further infringement of its rights. Importantly the innocent, affected party may seek compensation for its loss.

If the allegations are made against you and you have received a letter from a lawyer, it is critical that you obtain legal advice. Claims for compensation and other relief can be outrageously overstated and you should not engage in negotiations with the aggrieved party until you understand your legal position.

Some claims carry no legitimacy at all and are designed to intimidate. As unfair, unfortunate, and inappropriate that such claims might be, they still need to be taken seriously and properly addressed.

If you have been accused of having done the wrong thing, our lawyers will ensure that you receive on point, clear and sensible advice to place you in the best position.

If the claim made against you is legitimate, we can work to help contain your exposure. We will defend your rights vigorously to ensure that you do not give more than you must.

For some minor infringements, larger corporations will often send quite threatening and intimidating letters of demand (via their lawyers) to those they believe who are infringing their rights.

Some demands may be made for you to stop infringing their intellectual property and may include a demand for funds as compensation. Often, they will also request you to sign a very one-sided settlement deed with them.

We work to negotiate with these parties to ensure that if you have infringed their rights, the agreed settlement is fair. We have achieved very favourable outcomes in such cases.

We look to protect you by ensuring you do not pay for what you don’t have to, and that you are not forced into accepting unreasonable demands.

If you do not agree with their claim, we will ensure that you are defended well, and we will seek to resolve the issue swiftly.

If the matter goes to court, we are well experienced in litigating various types of intellectual property disputes. Either way, we will have your back and defend your position in a thoughtful and organised way.

There will usually be proprietary rights in a business name, regardless of whether a trade mark exists.

If you were using the name first, and it was publicly known, you will have the benefit of “owning” that name. A registered trade mark equates to greater protection, nevertheless.

Contact us if someone has used your name or trade mark in a way not authorised by you. Apart from you being able to force that party to cease using your name or trade mark, significant damages may be available to you.

If you believe that someone has infringed your intellectual property and are considering courses of action, we can advise you. We will consider the remedies available to you that are relevant to your case.

There are a variety of courses of action available depending on your circumstances.

We can help…

Call us today to speak to an intellectual property lawyer on 1300 907 335 or complete an enquiry form and we will call you back to discuss your situation confidentially.

Visit our Intellectual Property Page for more information on intellectual property law. In particular, please see our trade mark and confidential information pages.