Disputes

IP Disputes

Two people disagreeing over a business agreement document on a table.

Should a right be entered on to or removed from an IP register? Should a user of materials and ideas “cease and desist”? How do the terms of previous IP deals really determine who has rights to use materials and ideas and to own the IP rights that control them? Our experience in this area is second to none.

IP dispute experience across the full range of Intellectual Property Rights 

We have decades of experience in resolving disputes across the full range of UK, European and international intellectual property rights and regularly work with overseas associates handling disputes involving foreign intellectual property rights or UK-specific aspects of overseas disputes.

Disputes

IP Disputes
We Advise On

Two people disagreeing on a business agreement document at a table.

  • Patent entitlement validity and infringement

  • Examiner objections, revocations, amendments, oppositions

  • Database right subsistence, entitlement and infringement

  • Domain name arbitration

  • Registration of transactions 

  • Trade Mark entitlement validity and infringement

  • Examiner objections, oppositions, revocation and invalidity proceedings

  • Copyright subsistence, entitlement and infringement

  • Company name disputes

  • Design right entitlement validity and infringement 

  • Know-How/Trade Secret subsistence, and scope of permitted use

  • IP aspects of founder and shareholder disputes

Disputes about what IP rights should be on a register

Not all disputes are dealt with in court. Some disputes are more administrative in nature. These include dealing with trade marks, registered designs and patents and whether they are valid or should be removed from the relevant intellectual property office register. Similarly domain names are dealt with in an online arbitration through Nominet or WIPO.

Disputes about previous IP deals

Courts often deal with disputes about IP deals. There may be disagreement about:

•    whether there was a deal at all
•    what the terms were
•    what the scope of the licence is
•    whether the deal has ended
•    what should happen after it ends

Disputes about whether use should be stopped (“cease and desist”)

Once the registries or courts have decided what rights should be on the register, and have resolved disputes about the scope of any IP deals, then the court can decide whether the use of the materials and ideas is an infringement.  

These disputes nearly always start with a “cease and desist” letter. The reply may be a denial of infringement or points about the registers or the impact of IP deals. We can usually resolve these disputes after exchanges of letters and negotiation. 

Some disputes are brought into the courts’ jurisdiction by issuing a claim form and serving particulars of claim. The court then determines whether there has been an infringement. If there has, the court will order an Injunction – an order that the infringer stops using the materials or ideas.

If there is an infringement, the amount of damages is nearly always negotiated. Rarely, there is a second trial to determine the amount of damages.

IP Disputes

Facing an IP dispute?

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Our Services

IP challenges: disputes, deals and registrations

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Craft Your IP Deals

Deals and contracts that lead to success and mitigate risk

✓ Prepare for Growth
✓ Allocate Risk
✓ Plan for the Future

Find Out More
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Manage Your Disputes

Proactive management of disputes and technical expertise to turn problems into solutions

✓ Proactive Dispute Resolution Strategies
✓ Support Tailored to your Business
✓ Cost Effective Solution

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Optimise Your IP Registrations

IP rights and registrations should be secured before tensions or disputes make them more difficult to obtain

✓ Rights You Can Register
✓ Strategies For Your Budget
✓ Automatic Rights

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What our clients say

  • “Lindsay worked with Lush for over a decade at a time when the business was rapidly growing its overseas businesses. She adopted a positive, respectful but also clear and consistent negotiation stance. We placed our trust in Lindsay to craft and implement a complex IP reorganisation exercise which has stood the test of time. She fully embraced the rapid decision-making and execution that characterises Lush as an entrepreneurial business. We would strongly recommend using Lindsay for IP deals. into the test.”

    — Karl Bygrave
    Director, Lush Cosmetics Ltd

  • “Tom is highly knowledgeable, experienced and passionate when it comes to IP law to say the least. He is also an absolute pleasure to work with, extremely efficient in terms of how he conducts his work and manages workload excellently providing required documents whilst keeping you updated throughout. I’ve hopped firms several times to work with him. His work speaks for itself and I therefore recommend him to anyone looking for an IP lawyer.”

    — Marcus Pheonix, Candy Castle Animation Ltd

  • “Lindsay has been with i-to-i throughout its journey from 2000 right up to 2024. During that time she has guided us on cost-effective trade mark strategy as part of crucial brand strategy. As CEO of i-to-i and its group companies, I knew I could rely on Lindsay absolutely to find a cost-effective commercial resolution to all our trade mark dilemmas both in the UK and as we expanded overseas and sought to protect our destination markets. We made sound decisions because of her advice and I would highly recommend her!”

    — Gordon‍ Director,
    Teach and Travel Group/i-to-I

  • “As a one-person team, I knew we would need some help for our intellectual property needs. Lindsay has been acting as an extension of my own team and with her help, we have been able to see off oppositions and defend them within budget and without the need for litigation.”

    — Wendi Higgins
    Chameleon Technology UK Ltd

  • “I worked closely with Lindsay as US counsel on a global trademark dispute for an iconic British brand. Lindsay led the matter superbly, developing overall strategy, facilitating cross-border communications as needed, and keeping an eye on value and cost. Due to her skills and judgement the matter - which had been simmering for decades - resolved decisively and favourably.”

    — Julia Markley
    Perkins Coie, Firm-wide Co-Chair, Litigation Practice