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Need a Product Designer?
Helpful Tips
Do I have to identify the designer?
It is possible to waive the name of the designer when filing a European Community Design, but you should be sure that you have the rights to the design
ENFORCING YOUR RIGHTS
Albright IP can help you to use the Intellectual Property rights you have to keep competitors away from your unique offering. Whether you are concerned about a confusingly-similar business name, a ‘lookalike’ product, or a copy of your invention, we can use your IP as a lever to put clear space between you and the competition.
An Intellectual Property Right is fundamentally the right to sue an infringer in Court and obtain damages, an injunction to prevent further infringement, and other remedies – but we tend to view that as a last resort. We have an enviable track record in negotiating the removal of competitor products from the market without ever seeing a Judge. Over 95% of our contentious work is resolved by negotiation, which reduces the cost to you significantly and also enables a swift end to the dispute to allow you to concentrate on pushing your business forwards.
If it does become necessary to issue a claim in Court, our combined technical and legal expertise enables us run cases efficiently and keep costs under control. Please contact us now to discuss your situation further with one of our experienced attorneys.
CASE STUDIES
Infringement of copyright in fabric design
We represented a fabric designer who found that one of her designs was becoming a hit. Unfortunately, it transpired that much of the fabric being sold in the UK had been produced and imported illegally, without any royalty being paid. Albright IP negotiated a settlement which included a payment to the designer and an ongoing royalty for future sales.
Infringement of unregistered designs in consumer products
We represented a successful brand whose products had been copied. The copies were not identical but took many of the same design elements. Despite several warnings and attempts to negotiate the copyists refused to back down. We represented our client in the Intellectual Property Enterprise Court, and the case settled favourably before trial, with a good proportion of our client’s legal fees being paid by the defendants.
Policing use of trade marks on eBay and Amazon
On behalf of our client we carry out ongoing regular searches on eBay, Amazon, and other websites to ensure that trade marks are being used correctly by distributors and not being abused to sell competing products. Sellers using Registered Trade Marks improperly in this context almost always change their listings without any further action being required.
Enforcement of a patent covering a children’s feeding product
Having obtained patent protection around the world to cover our client’s innovative product, a competing product came to light which fell within our client’s claims. The defendants were initially not prepared to back down, but when they received a draft court claim agreement was quickly reached.
If you would like further information, please contact us on +44 (0) 1242 691 801 to speak to a qualified British and European patent attorney or fill in the form below.