Brands and creative works can represent years of investment and an important source of competitive advantage. Unauthorised use of a business name, logo, website, software, photographs or marketing material can cause confusion, divert customers and damage commercial value.
At Preston Redman, our Intellectual Property Dispute Solicitors advise rights owners and businesses accused of infringement. We assess the rights, alleged use, available evidence and commercial objective before recommending proportionate action.
Trade mark and copyright disputes can require urgent intervention. Early advice helps preserve evidence, avoid damaging admissions and determine whether negotiation, takedown action, undertakings or court proceedings are appropriate.
Common Trade Mark and Copyright Infringement Disputes Issues
We advise on disputes involving:
- Identical or confusingly similar brands
- Business names, logos and product branding
- Online marketplaces and social media
- Website text, photographs and marketing content
- Software, databases and commissioned works
- Ownership, licensing and assignment disputes
- Counterfeit or parallel goods
- Urgent injunctions, takedowns and delivery up
Frequently Asked Questions
What is trade mark infringement?
A registered trade mark gives its proprietor statutory rights for the goods and services covered. Infringement may arise from unauthorised commercial use of an identical or similar sign in circumstances specified by the Trade Marks Act 1994, including where confusion is likely.
The registration, specifications, territory, use complained of and available defences must all be reviewed.
Does a trade mark have to be registered?
A statutory infringement claim ordinarily depends on a valid registered right. An unregistered brand may instead be protected through passing off if goodwill, misrepresentation and damage can be proved.
What is protected by copyright?
Copyright can arise automatically in qualifying original literary, artistic, musical and dramatic works, films, sound recordings, broadcasts and typographical arrangements. Business examples include software, website copy, photographs, drawings and marketing material.
There is no general UK registration requirement, so ownership and evidence of creation are often central.
What amounts to copyright infringement?
Infringement may involve copying the whole or a substantial part of a protected work or carrying out another restricted act without permission. “Substantial” is assessed qualitatively as well as quantitatively.
Who owns commissioned work?
Payment for work does not necessarily transfer copyright. Ownership depends on legislation, employment status and the contract. A written assignment signed by the owner is generally required to transfer copyright, although licences may arise expressly or by implication.
What defences may be available?
Potential issues include validity, non-use, consent, licence, exhaustion, honest concurrent use, descriptive use and statutory copyright exceptions such as fair dealing. The applicable defence depends on the right and facts.
What evidence should be preserved?
- Trade mark registrations and renewal records
- Original source files and creation records
- Contracts, licences and assignments
- Screenshots, URLs and dated purchases
- Sales, advertising and confusion evidence
- Correspondence and takedown notices
What remedies are available?
Potential remedies include an injunction, damages or an account of profits, delivery up or destruction, declarations, publication measures, interest and costs. Interim relief may be sought where the legal tests are met.
Can the dispute settle without court?
Yes. Cease-and-desist correspondence, platform procedures, undertakings, licences, coexistence agreements and mediation may resolve the dispute. Communications should be carefully framed because unjustified threats can create separate risk in some IP cases.
Why choose Preston Redman?
Intellectual property disputes require a combination of legal analysis, evidence management and commercial judgment. Preston Redman provides clear advice on merits, urgency, cost and the wider effect on reputation and business strategy.
Our dispute resolution solicitors work collaboratively with corporate and commercial colleagues and, where needed, specialist patent attorneys, trade mark attorneys, valuers and technical experts. Contact us today.
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