In the event of a dispute, it will become necessary to determine whether the infringement is a copy of all or a substantial part of your intellectual property, such a product, method, or process. The essence of infringement is that the the other party has made an unauthorised use of some or all of the material over which you hold intellectual property rights.
In the case of trademark infringement, the extent of the breach of a parties intellectual property rights will depend on how the mark is used, and whether it is used for goods or services which are substantially similar to the registered trademark, and that the infringing mark is sufficient similar to the registered trademark that it would confuse a consumer about who produces the product or service.
Frequently, a party may demand that you discontinue using the trademark and restrict you from any further violation of their rights. It is noteworthy that the affected innocent party has the right to seek compensation for any damages incurred.
Asserting your rights and preventing others from profiting from your intellectual property is an important key to protecting your business and profits.
There are clear legal avenues for businesses to protect their intellectual rights through a variety of actions. Our team can help you at any stage of an intellectual property dispute from registrations to enforcement, to legal proceedings including injunctions.
