IP Disputes – The Trade Mark Minefield

In today’s entrepreneurial age, the importance of intellectual property (IP) protection cannot be overstated. The increase in new businesses being incorporated and the growth of existing ones creates a complex landscape where clashes over trademarks, copyrights, and patents are becoming more common and the recent case involving the luxury good giant LVMH  highlights the challenges smaller companies face when larger entities oppose their IP applications.

This case, the details of which can be found here, is your typical David v Goliath battle. A Norfolk couple applied to register the trade mark LV Bespoke to protect its home and gardening business.  LVMH, perhaps unsurprisingly given the value of the brand, objected to the registration arguing that it was too similar to their mark and an attempt to ride on the coat tails of Louis Vuitton’s reputation. Usually at this stage the minnow would back down in the face of such opposition but L V Bespoke stood their ground and after 2 years and £15,000 in costs they won and succeeded in getting their mark registered.

This case matters because often smaller companies cave in to those with deeper pockets and expensive lawyers and it doesn’t come without cost. If a company is forced to change its name or pull a product from the market following an IP dispute, the costs can be devastating.

So, to avoid IP  disputes please consider the following points when creating and exploiting your IP:

Legal Guidance: It’s crucial to seek early legal advice from a qualified intellectual property attorney. They can guide you through the process, help you navigate potential objections, and provide valuable insights for a successful IP strategy.

Proactive Protection: Don’t wait until a dispute arises to think about IP protection. Registering trademarks and patents early in the business development process can be a proactive measure to prevent future conflicts.

Documentation: Keep detailed records of your IP creation and use, including dates, prototypes, design processes, etc. This documentation can serve as evidence in case of a dispute and strengthen your position.

IP Strategy: Develop a comprehensive IP strategy that aligns with your business goals. This may include licensing agreements, monitoring competitors’ activities, and actively enforcing your IP rights when necessary.

Regular Audits: Periodically review and reassess your IP strategy. This is especially important as your business evolves, launches new products, or enters different markets.

Take out IP insurance: This will level the playing field by funding any oppositions/litigation that arises. It will enable you to enforce your IP as your business grows

IP is a hugely important tool for adding value to a business but, unfortunately, the system is not perfect. The process of acquiring rights can be lengthy, complicated and expensive and often those with the deepest pockets are able to game the system most effectively. However, by seeking sound professional advice as early as possible and putting IP insurance in place, you too can use IP to protect what you  have worked so hard to create

For more information on how to obtain a quote for IP insurance, get in touch today or complete the form here

The Enemy Within: Mitigating The Risk of Employee IP Theft

When one thinks about IP theft it is often assumed the biggest risk is a competitor copying a patented product or a brand. However, a recent analysis of insider threats conducted by DTEX,  a workforce cyber intelligence and security company, confirms one of the biggest threats is actually employees stealing sensitive intellectual property when they leave an organization. The report, which can be found here, confirms that twelve percent of all employees take sensitive intellectual property (IP) with them when they exit a company.

We live in an age where employee mobility has never been higher and the ability to access and transfer data has never been easier. This is a dangerous combination for companies with sensitive data to protect i.e. every company! This data, which includes customer and price lists, sales information and confidential know-how, are all business critical and it can be extremely damaging when it falls into the wrong hands.

This is why it’s vital businesses take steps to safeguard their intellectual property. Restricting access only to those who need to use it, the extensive use of passwords, strict IT policies and exit interviews are all steps that can be taken to help reduce the risk.

If IP is stolen by an employee, legal action can be taken to limit the damage and recently there has been a significant rise in the number of claims against disgruntled employees who have stolen confidential information.

The good news is that these cases are covered by intellectual Property Insurance so, if you are concerned about the theft of your companies crown jewels, give us a call. We can talk through your options and how best to mitigate this risk.

If you would like a quote for Intellectual Property Insurance all you need to do is complete the short form here and we can get you on cover within hours.

 

Meta takes steps to protect intellectual Property online

 

Just a quick not to make you aware of additional tools Meta are making available to help brands stop infringement of their Intellectual Property (IP) rights on Facebook. Many of my clients are concerned about their trade marks being ripped off online and the changes to Meta’s reporting procedure should make it easier for brands to highlight concerns and have action taken.

Further information can be found in their press release here where Meta sets out the steps it has taken to help IP right holders on the site.

Remember, if you are concerned a third party may copy your IP whether online on elsewhere or that you could be sued for infringing a third party’s rights then IP insurance can mitigate this risk cost effectively.

All you need to do is complete the form at the link here and we can obtain a quote for you within 48 hours.

IP right holders across the UK and Europe now rely on IP insurance to enable them to take decisive legal action to protect their IP and their businesses. Action they would not be able to take otherwise.

Get in touch today.

Patent and Trade Mark insurance

Safeguard iP

In today’s modern economy company value is predominantly tied up in intangible assets such as brands, innovative product or process, copyright or trade secrets etc and whilst most businesses insure other (less valuable) business assets like buildings, stock and staff they overlook Patent Insurance and Trade mark Insurance to protect their most valuable asset.

In an environment where it is cheaper to copy then create, there is always a risk that successful IP will be ripped of by a competitor. Copycats take the view that smaller businesses wont have the funds to stop an infringement of their rights and often this assessment is accurate, given the significant costs of enforcing IP rights through the courts. IP insurance levels the playing fields and allows smaller companies to fight back and preserve the value of their intellectual property.

The cost of intellectual property insurance starts from as little as £100pm for UK cover, so there is every reason for IP rich businesses to consider putting IP insurance cover in place, before its too late. Its vital to protect investment in IP today!

If you’d like to learn more about the benefits of Patent insurance and trade mark insurance go to our website here and if you’d like a quote you just need to complete the short form here and we’ll get back to you in 48 hours.

 

 

Intellectual Property Insurance Explainer Video

Most of our clients are new to patent insurance or trade mark insurance. They appreciate it can add real value to their business but are unsure of how it works in practice, what it covers and how much it costs.

I recently spoke to Lexdech to answer some of these questions and the short video of our chat can be found at the link below.

Lexdech Interview

If, after watching the video, you have any questions please don’t hesitate to get in touch. If you’d like to obtain a quote, just fill out the short form here, and we will get the process started for you.