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Protecting Image & Reputation -How to Suceed if you Suspect Infringement

How to proceed if you Suspect Infringement

If you suspect infringement of your registered trademark or an unregistered mark, you will want to stop that infringement or continuation of infringement as quickly as possible. This is normally best achieved by means of an injunction but this remedy is only available if proceedings are commenced promptly.

Alternative remedies include damages, an action for account of profits, removal of infringing marks or delivery up of infringing articles.

With a registered trademark, the alleged infringer can raise certain defences including claiming that your registration should be revoked because of non-use of the mark; or that you acquiesced in the infringer's use; or that the mark has become generic.

If you fear that vital evidence for your case may be destroyed or if the defendant's assets might be spirited away to avoid them being used for the purposes of paying your compensation urgent legal advice should be taken as special action may be required.

Parallel Trade

There are problems with the prevention of parallel trade - namely parallel import and parallel export within the EU of products bearing your marks where you have already consented to their use by another anywhere within the EU. EU free movement principles restrict use of intellectual property rights to restrict cross-border trade within the EU under such circumstances.

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