How To Escape Intellectual Property Disputes and Litigation

There is a myth that securing IP protection is pointless if you lack the resources to litigate.

You’re actually much more likely to get into a dispute if you don’t register your rights than if you do. Owning registered IP rights can be a very useful bargaining tool if you find yourself threatened by a competitor.

Without such protection you are more vulnerable to successful legal claims against you. Also, third parties could more easily take unfair advantage of your creative efforts. A dispute with a competitor could even result in your having to rebrand.

Don’t let these simplistic myths put you off taking early preventative measures to secure your intellectual property. It is much better to assess your intellectual property position early on, whilst always weighing up the cost/benefit position of your registration strategy.

Unfortunately disputes relating to intellectual property may arise when your business has taken off and your IP has acquired value. Not protecting it could lay yourself wide open.

Take Plentyoffish.com, a well-established online dating site which had been operating for many years when PlentyMoreFish.com set up a competing online business based in the UK. Because Plentyoffish.com hadn’t applied to register its trade mark in the EU, PlentyMoreFish.com was able to secure a trade mark in the UK. Plenty of Fish was powerless to prevent customer confusion. Although PlentyofFish tried to oppose PlentyMoreFish’s UK trade mark application, it was unsuccessful. The UK company freely benefited from the reputation the established business had built up online.

You wouldn’t have the resources of a large company to resolve disputes so don’t expose yourself to litigation by not taking some basic steps to protect your IP.

If you want to ensure that your business is protected, whether by enforcing your rights or defending yourself against a threat of a claim read our blogs, and when you need some guidance get in touch.