Legal action for infringement or unfair competition
BRANDON IP’s experts support you in legal proceedings for infringement before the courts, in collaboration with IP-specialized lawyers, whether you are infringed or accused of infringement.
If you have identified a violation of one or more of your trademark rights, several degrees of action are possible: amicable settlement (negotiations) and legal action for infringement.
Amicable settlement
As a first step, and after the preliminary verifications of rights have been carried out, it is possible to contact the opposing party through a cease and desist letter. Indeed, they may not be informed of your rights and this first contact is often fruitful.
This approach aims at making them aware of your prior rights, explaining how their use is infringing and to express initial requests, such as the withdrawal of the conflicting trademark, the stop of sales of counterfeit products, the payment of a compensation, etc.
It is also possible to propose the signing of a license agreement for the use of your brand in return for royalties or a coexistence agreement depending on the specific case.
The firm helps you in the amicable settlement of conflicts.
Action for trademark infringement
If the above approach is unsuccessful, initiating an action for trademark infringement might be considered. This is brought before the competent court, with proof of the infringement of your rights (for example a seizure for counterfeiting – “saisie-contrefaçon” under French law – carried out before the action is initiated, or a statement of purchase, etc.).
The Court may impose civil and/or penal sanctions, such as the payment of damages or the destruction of the products, or even imprisonment in acute cases.
Bringing an action for trademark infringement requires a full knowledge of the principles of trademark law. It is therefore advisable to be assisted by a consulting firm specialized in intellectual property, such as Brandon IP.
Such an action generates costs as well as delays which should be taken into account, so the way of negotiation can always be reconsidered during the procedure if you wish.
Brandon IP, expert in protecting and defending of trademarks since 1866
With more than 155 years of existence, Brandon IP is one of the oldest firms dedicated to intellectual property in France – if not the oldest to date.
Brandon IP works on all aspects of intellectual property, from defining an appropriate strategy to optimize the management of your rights (filing, defense, etc.) to their valuation (operating strategy, licensing, assessment of the value of intangible assets, etc.), in collaboration with Brandon Valorisation.
The firm supports companies of all sizes in the protection of their trademarks, patents and other intellectual property rights, with customized services that best meet their expectations.
As a guarantee of our expertise, Brandon IP is ranked among the best French IP law firms by the rating agency Leaders League.
Our patent and trademark attorneys, paralegals, and business consultants are competent to carry out all management and protection procedures for your intellectual property.
Are you the owner of one or more brands and do you have questions about legal actions for infringement? Our teams are at your disposal to answer you.
See also:
- Search, filing and defense of trademarks
- Organization of seizure for counterfeiting and report in case of dispute
- Trademark watch: publications from competing trademarks