Intellectual Property (IP) Disputes

Protecting your intellectual property and resolving disputes with a clear strategy focused on your commercial objectives.

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Intellectual property can be one of a business’s most valuable assets. Your brand, designs, technology, creative work, confidential information and other intellectual property can distinguish your business from competitors and contribute significantly to its commercial value. When those rights are infringed, misused or challenged, acting quickly can be important.

DTM Legal advises businesses, entrepreneurs, directors, investors and intellectual property owners on a wide range of intellectual property disputes. We can assist whether you believe another party is using your intellectual property without permission, you have received an allegation of infringement, or there is a disagreement over the ownership, use or licensing of intellectual property rights.

Our Dispute Resolution team takes a practical and commercially focused approach. We assess the strength of your position, the potential impact of the dispute and what you ultimately want to achieve before developing an appropriate strategy. This could involve correspondence and negotiation, mediation or another form of alternative dispute resolution, or court proceedings where formal action is necessary to protect your position.

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Intellectual Property Dispute Legal Services

Intellectual property disputes can involve registered and unregistered rights and often require action that balances legal protection with wider commercial considerations. Our team can advise on matters including:

  • Trade mark infringement
  • Passing off and brand protection disputes
  • Copyright infringement
  • Patent disputes and patent infringement
  • Registered and unregistered design right disputes
  • Intellectual property ownership disputes
  • Disputes concerning the licensing, assignment or permitted use of intellectual property
  • Misuse of confidential information and trade secrets
  • Domain name and online brand disputes
  • Disputes arising from the use of intellectual property by former employees, directors, business partners or contractors
  • Preparing and responding to cease and desist correspondence
  • Defending allegations of intellectual property infringement
  • Applications for injunctions and other urgent remedies
  • Negotiation and settlement of intellectual property disputes
  • Mediation and alternative dispute resolution
  • Intellectual property litigation and enforcement proceedings

Why Instruct DTM Legal?

An intellectual property dispute can quickly affect more than the legal ownership of an asset. It may interfere with sales, product launches, customer relationships, investment plans or the reputation of your business. We therefore look at the wider commercial implications of a dispute rather than considering the legal issues in isolation.

Our Dispute Resolution team has experience advising on complex commercial disputes involving intellectual property, including disputes relating to brands, patents and other valuable business assets. We work with clients to understand the strength of their position, the risks associated with different courses of action and the outcome they are seeking.

Where possible, we look for opportunities to resolve disputes without unnecessary litigation. A carefully prepared letter, negotiation or mediation can sometimes achieve the required result more quickly and proportionately. Where court proceedings are necessary, however, we can take decisive action to enforce or defend intellectual property rights and protect our client’s commercial position.

We provide:

  • Practical advice focused on your commercial objectives
  • Early assessment of the strengths, risks and potential value of your position
  • Strategic support for both intellectual property owners and those defending infringement claims
  • Advice on urgent action where infringement is causing ongoing harm
  • Support with negotiation, mediation and settlement
  • Experienced representation where court proceedings become necessary
  • Clear communication throughout your dispute

Get in Touch

If your business is involved in an intellectual property dispute, speak to DTM Legal for practical advice on protecting your position and identifying the most appropriate route towards resolution.

To discuss your requirements, contact us by emailing information@dtmlegal.com or calling 01244 354 800 / 0151 321 0000.

Key Contact
Head of Dispute Resolution & Construction
DTM Legal
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Key Considerations for Businesses Facing an Intellectual Property Dispute

Preparing the right information before speaking to a solicitor can help us understand your position quickly and identify whether any immediate action is required. Read our Key Considerations guide to understand some of the points a solicitor may wish to discuss when responding to your enquiry. It can help you prepare the relevant information and make your initial conversation more productive.

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DTM Legal
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Dispute Resolution Team

Jim Morris, Head of Dispute Resolution & Construction Photographed outside DTM Legal in Liverpool
Jim Morris

Head of Dispute Resolution & Construction
Kate Roberts, Partner Head of Liverpool photographed outside DTM Legal Liverpool
Kate Roberts

Partner / Head of Liverpool
Richard Harris, Partner, Dispute Resolution, photographed outside DTM Legal's Liverpool office.
Richard Harris

Partner, Dispute Resolution
Richard Thomas, Head of Business Recovery photographed outside DTM Legal in Liverpool
Richard Thomas

Head of Business Recovery
Anna Abell, Solicitor, Dispute ResolutionHarris, Consultant, Commercial Property photographed outside DTM Legal in Liverpool
Anna Abell

Solicitor, Dispute Resolution
Leanna Guy, Solicitor, Dispute ResolutionHarris, Consultant, Commercial Property
Leanna Guy

Solicitor, Dispute Resolution
Lucy Ayoubi, Solicitor, Dispute Resolution
Lucy Ayoubi

Solicitor, Dispute Resolution
Molly Clapham, Senior Paralegal, Dispute Resolution
Molly Clapham

Senior Paralegal, Dispute Resolution

Frequently Asked Questions

Commonly asked questions regarding intellectual property disputes and legal services.

Start by gathering evidence of both your ownership of the intellectual property and the way in which the other party is using it. Avoid assuming that immediately issuing proceedings is the best option. A solicitor can assess whether your intellectual property rights are enforceable, whether infringement is taking place and what action is proportionate.

Depending on the circumstances, the next step could range from carefully drafted correspondence or commercial negotiation through to an application for an injunction or court proceedings. Where the infringement is ongoing or could cause significant immediate damage, seeking advice quickly is particularly important.

Do not ignore it, even if you believe the allegation has no merit. You should also avoid providing a detailed response or making admissions before understanding your legal position.

Provide your solicitor with the letter together with relevant contracts, information about the product or material concerned and details of how it was developed or obtained. We can then assess the allegation, identify possible defences and advise on the most appropriate response. Some disputes can be resolved through correspondence or negotiation without the need for formal proceedings.

 

Not always. Some intellectual property rights require registration, while others can arise automatically.

For example, copyright generally arises automatically when qualifying original work is created, while businesses may also acquire rights through passing off or unregistered design protection in appropriate circumstances. Trade marks, patents and registered designs can benefit from formal registration.

Determining exactly which rights exist, who owns them and whether they have been infringed is therefore an important first step in any intellectual property dispute.

Yes. Court proceedings are not always necessary and, in many cases, both parties have commercial reasons to find another solution.

Negotiation or mediation may enable the parties to agree that particular activity will stop, change the way intellectual property is used, enter into a licence, make a payment or reach another settlement. These options can provide greater flexibility than a court judgment and may reduce the cost, management time and uncertainty associated with litigation.

Where an acceptable resolution cannot be achieved, or urgent action is required to protect an intellectual property asset, court proceedings may be appropriate.

It is generally sensible to obtain advice as soon as you become aware of a potential infringement or receive an allegation against your business.

Delay can make a dispute more difficult to manage, particularly where the alleged infringement is continuing, products are entering the market or confidential information is being disclosed. It can also affect the availability of certain urgent remedies.

Early legal advice does not necessarily mean immediately starting court proceedings. It allows you to understand your position, preserve appropriate evidence and decide on the most commercially sensible next step before the situation develops further.

What our Clients Say

See what our customers have to say about their experience

Review Solicitors Stars
5/5 350+Reviews
Sienna
21/10/2023
This practice is unique in the way in which the lawyers operate. They are partner-led and all levels of fee earner looks after your matter. The partners are always engaged and accessible. This creates flexibility and speed without losing the key ingredient of experience.
Charlotte
05/10/2023
The team at DTM Legal provides realistic advice on prospects, and their availability is commendable. They truly understand their clients’ needs.
Anonymous
01/10/2023
Kate Roberts is outstanding. She is razor sharp in all of her fields of expertise and is a brilliant strategist. She is very commercial in her approach to legal disputes and is extremely responsive.

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