Intellectual Property Disputes

Intellectual Property Disputes

We see intellectual property litigation as a commercial tool to help clients realise assets that have been exploited without consent. Our clients are interested in two things: stopping the infringement and making a return on their investment.

Because we work in partnership with our clients over the long term, we not only understand how their businesses operate within specific industry sectors, we are also able to give clients definitive views on the strength of their legal position – we are not lawyers who sit on the fence.

Our award-winning Mishcon Tulip® product has helped us to recover over £150 million for our IP clients over the past 15 years.

Our trade mark practice in The Netherlands, Mishcon de Reya IP B.V., represents our clients in EU Trade Mark and Design matters before the European Intellectual Property Office. 

  • IP dispute resolution relating to patents, trade marks, passing off, designs, copyright, domain names, database rights and confidential information
  • Devising effective anti-counterfeiting strategies deploying our Tulip® methodology
  • Obtaining an extensive range of remedies against infringers, ranging from final injunctions and multi-million pound damages awards to Without Notice Search and Freezing Orders
  • Comprising lawyers from our Intellectual Property, Fraud, Cyber Security, Employment and Reputation Protection teams, our Data Theft group can recover and prevent unlawful use of stolen data by obtaining powerful injunctions quickly, allowing us to search the defendant's premises without notice to the data thief, recover the stolen data, seize evidence of wrongdoing and freeze assets. We use this evidence to reach a quick settlement, avoiding protracted and expensive litigation

 

  • Representing a global technology company  on its UK brand protection and parallel imports programme
  • Acting for Sky on various trade mark protection and enforcement matters, including a wide-ranging dispute with an IT cloud-company trading in the UK and Europe under the name SkyKick
  • Acting for a number of luxury brand owners  against a variety of online and retail outlets in the UK and Europe as part of their  overall IP protection strategy
  • Representing Jack Wills in a trade mark infringement and passing off claim against House of Fraser relating to its use of a pigeon logo on its in-house range of clothing
  • Advising Victoria's Secret in defending Thomas Pink's claim for alleged trade mark infringement and passing off in relation to use of 'PINK' on goods and as a store name
  • Representing Arcadia Group in defending a passing off claim brought against it by the singer Rihanna
  • Acting for a number of leading motor car marques on the enforcement of their IP rights, including in relation to alloy wheel designs and on general anti-counterfeiting matters
  • Acting for Nintendo in obtaining a novel website blocking order from the High Court in relation to websites selling products designed to circumvent Technical Protection measures in the Nintendo Switch console
  • Acting for Sky in a private prosecution against an individual selling devices enabling unlawful access to, and streaming of, broadcast content
  • Acting for clients in a range of patents, Supplementary Protection Certificates and FRAND disputes including representing Lupin in proceedings against Gilead's SPC for Truvada (Managing Intellectual Property's Patent Impact case of the year 2018)

 

Intellectual Property and Brexit

Brexit has involved disruption for many businesses. Mishcon de Reya can help you ensure the optimum protection of your valuable brand portfolio. Our animation below explains the impact on existing EU trade marks and designs at the end of the transition period, new rights, and steps to take now.

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