Every year more design rights are registered and more IP rights in the design field are litigated, whether in infringement proceedings or in validity actions before the various registries and courts. For many of our clients, such as those in the fashion, retail and automobile sectors, maintaining exclusivity over their designs is fundamental to long-term growth and competitiveness.
We have extensive experience of design law, having acted in numerous design validity actions before the European Union Intellectual Property Office both defending our clients' own designs and successfully invalidating the designs of others. We are used to advising on design protection strategy at a regional or global level as well as bringing enforcement actions against infringers, and coordinating actions by Customs and Trading Standards. We understand the value and fragility of design rights and that secure rights are key for many businesses.
We act for numerous businesses with strong design right interests. Our work has ranged from representing businesses bringing new designs to market in the face of third party challenges, advising on the strategic interface between design rights and three-dimensional trade marks, to simple portfolio management. Whatever the risks your design-led business is exposed to, we can help you face them.
Design right protection is limited to exclude features solely dictated by function. Our lawyers have degrees and experience in science and engineering disciplines that can be deployed when assessing functional features.
Notable deals / highlights
Acted before the General Court of the European Union in invalidity proceedings relating to Registered Community Designs.
Coordinating multiple Registered Community Design infringement actions over the past seven years, across the European Union, for a leading footwear manufacturer.
Defended Registered Community Design infringement proceedings before the High Court of England and Wales.
Successfully negotiated commercial settlements for a well-known retailer in the face of threatened design infringement proceedings across multiple European jurisdictions.
Acted in successful utility model infringement proceedings for Pelikan at the Higher Regional Court of Düsseldorf.