Our litigation lawyers advise clients in relation to trade mark and confidential information disputes regularly.
We work with our clients to ensure that their intellectual property is safe and protected. We also advise clients that have been accused of infringing on others’ copyright or intellectual property.
We have extensive experience in litigation involving intellectual property matters. We have helped negotiate successful results for our clients, particularly in relation to trade marks and confidential information.
Intellectual property refers to information which is special and belongs to a specific business or person.
Trade marks and confidential information are usually at the centre of any intellectual property dispute and often involve employees, former employees and former business associates or competitors.
It comes at a cost to the business or individual when their trade mark or intellectual property rights have been infringed upon.
Artists will sometimes contend over copyright issues, but copyright can also be relevant to business documents, and we have run cases along these lines.
Intellectual property disputes involve the following types of action:
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…
Joanna Shaft of PCL Lawyers is outstanding in her knowledge of the law and is incredibly proactive and helpful. I had immediate positive results with her assistance in retrieving my rental bond in full, from an unreasonable and unruly landlord. Joanna was able to do in a day what the rental tribunal couldn’t do in several weeks. Utmost professionalism, attention to detail, care and concern for clients, and very reasonable costs. I highly recommend Joanna’s representation and the services of PCL Lawyers.
I would highly recommend the team at PCL Lawyers and Roland in particular. He helped me through my case and was thorough and communicated well at all times. His experience shows, especially when the going gets tough! Thanks again Roland for a job well done!
I brought on PCL Lawyers and Joanna Shaft to deal with a fairly complex property dispute. I found Joanna to be professional at all times and was happy with the advice and recommendations given. I achieved the legal outcome I was seeking and would certainly use PCL Lawyers again in the future.
Excellent Service provided by the team. They helped me to resolve my case. I would highly recommend everyone Litigation Lawyers Melbourne.
Working with PCL lawyers and specifically my lawyer has been very satisfactory. They are professional, respectful and friendly. Management of my case has given me the reassurance and confidence to progress my case. Details have been explained at all stages.
I would happily recommend them.
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