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No Win, No Fee on trade marks / copyright?

Discussion in 'Intellectual Property & Trademarking' started by Mark, Jul 11, 2012.

  1.  
    Mark

    Mark Moderator Staff Member

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    Do any legal firms offer no win, no fee services on trade mark/infringement issues?

    Is the usual route to send a cease and desist first - or can people go straight for the jugular and claim damages?
     
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    BDW

    BDW Guest

    Cease and desist is a US process. You don't have to do it in the UK but you normally can't claim damages successfully without employing a lawyer.

    .
     
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    Importexportbusiness

    Importexportbusiness Applicant

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    Usually a cease and desist, then a statement of claim to show you have suffered a loss financially or to your brand as a result of the violation of your trademark. Then it gets sent to the lawyers to resolve. However best to keep it out of court as that will cost a fortune.
     
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    Mark

    Mark Moderator Staff Member

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    Thanks - so is there a 'no-win, no fee' service out there?

    :)
     
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    Colin Smith CBP

    Colin Smith CBP Freshman

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    There are firms such as Powerlegal that will discuss your case with you for free and then offer either a "No Win No Fee" or a "No Win Low Fee" deal. A lot would depend on the particulars of the case. It would be unusual, though, for a trademark case to be handled on a no win no fee basis. That's because normally damages or loss of profits are not recovered in trade mark cases since the matter is usually settled before court proceedings are issued and it is not worth going to court simply to obtain what might be a relatively small sum. That is not to say that compensation cannot be demanded or, indeed, obtained if you are sufficiently determined and persistent and the infringement is a blatant one.

    Good luck and let us know how you get on.


    __________________
     
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    Mark

    Mark Moderator Staff Member

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    Many thanks, I'll have a look into that site. :)
     
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    GoonerGary

    GoonerGary Applicant

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    There is the new Copyright court which doesn't require solicitors.

    Intellectual Property Office - New small claims track for businesses with IP disputes

    I drew up my own Cease and Desist notice to send to a number of online traders with mixed success. After a year and a half of violations, I now use a mid priced IP specialist to protect my business. Yes he had done quite a lot of work that I could have done myself, but eBay are certainly not palming him off with excuses!
     
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    lellis

    lellis Applicant

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    The place for you to go for intellectual property claims like this would be the Patents County Court, small claims track. You are right; legal representation can pricey for court work, you can represent yourself if you wish. Very few lawyers would do a trade mark infringement case on a no-win-no-fee basis.
    Leigh Ellis
    Drukker Solicitors
     
    Last edited by a moderator: Sep 12, 2013
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    Mark

    Mark Moderator Staff Member

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    I really must get round to this! Thanks for all your replies. :)
     
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    Bongo

    Bongo Applicant

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    Have you asked a patent attorney if he can help, I heard of one person who had IP on his product/invention and went up against a big company, and they just pumped money into the court case and in the end he gave up and settled for something good, but not half has good if he would have had enough money to take the case to the end.
    Sad but that is life.
     
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