The Rise of Intellectual Property Disputes

The digital arena poses numerous issues for entrepreneurs and protection of their innovations and ideas. Globalization and the speed that the information is published over the Internet helps to spread ideas worldwide within minutes. However, it also poses a serious threat to the rights of inventors. In the world of social media, we need to be aware that uploading photos, pictures designs, music, or videos, may compromise valuable intellectual property rights. Once they are uploaded, the rights to them are no longer our own. Therefore, not only do large organizations need to protect their intellectual property rights, but business of all sizes must develop such rights, which may be very valuable in years to come and steps to protect those rights should be taken at the earliest opportunity.

By way of an example, James Dyson invented the world’s, first cyclonic vacuum and straight away applied for a patent covering his invention. He then went on to license his invention to Amway, however, the license was terminated after Amway claimed the vacuum did not work. Amway then started selling the vacuum machine without Mr Dyson’s permission. Mr Dyson sued Amway for patent infringement and breach of confidence. The damages awarded allowed him to set up his own company producing the first Dyson branded vacuum cleaners. Thus, if it were not for his IP protection through registration, Amway would have gone on to dominate the vacuum machine market without any substantive financial benefit to Mr Dyson. As it currently stands, James Dyson’s invention led him to the Dyson company which is today worth over £7.8 billion.

Here at Bloomsbury Law, our team have years of experience helping clients protect, manage, exploit, enforce and defend their intellectual property rights. We always take current industry trends into consideration and advise our clients accordingly. Our experience covers the entire spectrum of intellectual property law and practice and include the following:

  • Anti-counterfeiting which prevents your competitors from imitating your brands, products and designs.
  • Copyright and database rights our experts can help across a range of areas, including disputes and litigation, commercial transactions, general clearance and advisory work, intellectual property rights audits and chain of title research.
  • Design rights helping you to protect your creative investment and negotiate the complex legal maze.
  • Know how, trade secrets and confidential information through commercial agreements and litigation measures we can help you protect and exploit these valuable assets.
  • Patent litigation from multi-million pound patent claims in the High Court to more modest, but vital patent claims in the Intellectual Property Enterprise Court, our team has the skills and experience to manage all forms of patent litigation.
  • Trademarks and brands we can advise you across the whole spectrum of trade mark rights and related rights (such as passing off), including: clearance searches, protection and registerability issues, co-ordination and management of trade mark filings, branding and franchise agreements, disputes and litigation.
  • Domain name law our lawyers have successfully acted both for those bringing and defending domain name proceedings.

Bloomsbury Law has extensive experience in dealing with all kinds of intellectual property disputes; using all forms of dispute resolution and arbitration both nationally and internationally.

Examples of IP disputes the team have dealt with include:

  • Acting and advising numerous branded soft drinks companies to pursue claims against copied versions.
  • Acting for a well-known film producer in defending copyright infringement claim in the High Court.
  • Acting for a well-known greetings card manufacturer against a direct competitor in a claim for copyright infringement of various designs for greeting cards.
  • Advising a company on the suspension of a rival Facebook account that was making unauthorized use of the client’s copyright materials.
  • Advising various clients (particular in the recruitment industry) on breach of confidence, infringement of database rights and breach of restrictive covenant issues relating to ex-employees.

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The Bloomsbury Law Intellectual Property team is headed by Jamil Ahmud and Nisha Chopra.