Intellectual Property Right Infringements – Taking action against Infringers
If you suspect someone of copying your website, proprietary software, using your trademark or brand-name, you need to act quickly. If you wait, the damage to your goodwill will increase and the courts may infer that you were not suffering much damage.
A cease and desist letter warning the infringer to cease its infringement immediately and to give you undertakings not to re-offend is the normal approach. However, if the damage is considerable and your business is suffering acutely, you may need to consider applying for an injunction. However, the costs involved can be extremely high and, as with any legal action, if you fail, you are likely to be liable not only for your own costs but also a proportion of the other party’s costs.
In the event that a domain name is involved, you may also need to look at the dispute resolution procedures provided by domain name registrars as a relatively cost-effective solution.
For a free assessment of your situation, please call Simon Halberstam on 020 3206 2781 or via email to [email protected].