You suspect a possible infringement of one of your intellectual property rights and would like to take effective counter-measures?
If so, we help you clarify the infringement. It may well be that several of your rights have been infringed upon. We explain the various bases you may have for making your claims. For example, you may make a claim based on a technical protection right (such as a Patent or Utility Model), a Trademark, or another Design right. Claims may also be made, however, based on provisions related to unfair competition laws.
This means that claims often involve a combination of legal rights. For example, a Trademark Infringement may also occur in combination with infringement of competition laws. We work with you to develop an individual concept for enforcing your rights.
To do so, we not only look at infringement upon existing intellectual property rights; we also examine the possibility of tailoring intellectual property rights to the infringement in question in order to make especially compelling claims.
Based on your particular rights and in accordance with the strategy which we have defined together, we may, for example, prepare authorization queries or officially admonish infringers. We handle all subsequent correspondence, initiate negotiations and oversee possible negotiations both in and out of court. If preferred, we do not lead negotiations but simply accompany you or support you discreetly in the background. We also represent your interests should legal proceedings prove necessary, if only to put pressure on an adversary. Of course, we work closely with experienced attorneys.
For example, we can issue a writ of injunction or prepare a lawsuit. Using border seizure applications, we can block infringing commodities at an early stage, whether at German or EU borders, thereby preventing these commodities from reaching the market.
We can also represent you if you have been accused of rights infringement. In many cases, such an accusation is revealed, upon closer analysis, to be both unjustified and untenable.
We not only analyze the infringement claim and prepare a sound defense; we also thoroughly examine the legal validity of the claimed intellectual property rights.
As part of our defense strategy, we can also rigorously attack the claimed intellectual property rights, using, for example, nullity actions, oppositions or revocation or cancellation requests.
Regardless of proceedings to enforce your rights, we are also prepared to seek economically favorable compromises.
