Trade Mark Strategies and Infringement Advice
We advise on and create effective legal agreements for the management of your trade marks through multi-jurisdictional licensing and marketing arrangements and take steps to prevent trade mark infringement of any kind.
Our focus is you
DMH Stallard’s intellectual property lawyers provide specialist protection and enforcement advice in relation to national and international brands and trade marks.
Your trade marks are a badge of quality and origin; an important indicator as to the source of your goods and services. They differentiate your goods and services from those of competitors and are critically important for advertising and promotion. Your trade mark might be a trade name or style, or any distinctive element of your goods or services. Your trade mark may be registered or unregistered.
With a focus across the European Economic Area, our intellectual property lawyers advise on and create effective and straightforward legal agreements for the management of your trade marks through licensing and marketing arrangements.
We can prevent infringement of any kind including counterfeits, unlicensed use of your trade marks, free-riding and illegitimate association with you and your trade marks, cyber-squatting and passing off. We also have a wealth of experience in dealing with parallel imports and the regulatory aspects of trade mark use (such as comparative advertising), working with trading standards and border controls.
We provide our clients with commercial strategies in relation to claims and also private criminal prosecutions where appropriate.
We also deliver cross-border solutions for clients trading in multiple jurisdictions, using our international legal network, Law Europe International.
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Meet the team
Recent work
Sectors
Long-term commercial, IP, IT and data protection advice
We have worked with our client for over 16 years acting as an outsourced in-house legal function for all business and day to day legal matters, supporting on all commercial, employment issues and property matters. Our ongoing legal support helps to minimise risks across the business.
Advising digital costume design company on licensing and other rights
We act for a fast-growing digital design company that provides digital services to major film productions. Recent work for this client includes advising on Non-Fungible Token (NFT) Intellectual Property rights, preparation of standard terms and conditions to deal with data protection and intellectual property. We also advised on privacy notices, website terms and conditions, and data protection policies for the business. We worked closely with the company on the terms of a contract with a Hollywood film production.
Intellectual Property
Advising on all aspects of brand protection for a global drinks brand
We work with an emerging global spirit brand, with trade marks registered in numerous countries internationally. We are retained to support the brand in all aspects relating to protection and enforcement of intellectual property.
Intellectual Property
Luxury interior design company
We provided support so this company could expand its marketing through the use of influencers. We also advised the client with regards to its consultancy agreements with freelance design consultants, ensuring that all IPR in the freelance-supplied materials flowed to them.
Intellectual Property
Arts venue and concert hall
We have advised the client in relation to the collaboration agreement and IPR ownership. We have assisted it with negotiating improved terms for a new venture which allowed them to expand their offering.
Intellectual Property
Acting for the Executors of the Estate for a well known author
Providing advice to the Executors of the Estate in relation to the management of the author and artists’ intellectual property portfolio (including copyright, moral rights, trade marks, etc), managing existing contracts and royalty agreements with publishers, producers and merchandise arrangements, together with option agreements. Negotiating terms with a representation agency, liaising with charities relating to royalty income receipts and granting of permissions for use of works, and advising on practical steps relating to ownership of intellectual property rights and continued income to the Estate.
Intellectual Property
Protection of high profile fashion brand
We support a famous fashion brand internationally, preventing unlicensed sales and seizing counterfeits. The team also helps management and licensing of legitimate sale of genuine products for the benefit of the Havaianas consumer.
Intellectual Property
Misuse of trademark and franchise agreement breach
Successfully protected the intellectual property of an international casual and fine dining restaurant brand. We defended our client against the misuse of their trademark and breaches of their franchise agreement.
Intellectual Property
Royalty payments
Advising a charitable trust on intellectual property ownership and royalty payments, for the purposes of distribution of royalty income to nominated charities from the trust.
Intellectual property dispute
Supporting a pet food manufacturer in a dispute relating to the ownership of intellectual property rights in a trademark, slogan and web domains.
Intellectual Property
News and insights
Trade mark protection
Insights
An overview of the environmental regulator’s approach to the enforcement and prosecution of environmental offences which outlines the potential penalties and other implications for a businesses who breaches environmental legislation
25/02/2015
