Do not let yourself be bullied into submission.
Trade Mark Infringement, Patent Infringement and Design Infringement.
We have noticed an increase in cease and desist letters sent by law firms that do not specialize in intellectual property. Recently, several of our clients have received cease and desist letters, where there were clearly no grounds for infringement or the company making the claim had no enforceable intellectual property rights.
While false claims may be obvious to patent and trade mark Attorneys, cease and desist letters can be intimidating and stressful to any business owner, especially if the infringement claim is being made by a larger company or their legal representative.
What to look out for…
Look out for cease and desist letters sent by individuals or companies with no legal representation or cease and desist letters sent by legal representation that does not typically deal with intellectual property matters.
In some cases, these types of ceases and desist letters can constitute an unjustified threat and we can deal with them appropriately.
Sometimes cease and desist letters are justified. This can lead to costly rebranding and wasted marketing resources in the old branding.
We recommend securing your own trade mark prior to any significant marketing investment. If you do find yourself in this situation, we can assist you with a professionally drafted response letter and also with your rebranding.
Our experienced patent and trade mark attorneys offer a free initial consultation and would be more than happy to discuss your options. We will make sure you receive factual information and advice in response to any infringement claims.
On the other side…
If you believe another business is infringing on your intellectual property rights, speak to our patent and trade mark attorneys before threatening any type of legal action.
Without a comprehensive understanding of intellectual property rights, your threats could be unjustified and leave you liable for extensive legal costs.
“Play to your strengths”, “Innovate” and “Think outside the box”, are all concepts we understand in theory. But, how do we convert these business concepts into business assets? More importantly, how do we protect those assets?
Australia’s innovation patent system is set to be phased out by June 2021. So, what does this mean for inventors and businesses?
Do not panic, call us for a free initial consultation. We are happy to discuss your situation with you in person, over the phone, via email or web chat. We are here to listen, provide assistance and help you protect your important IP assets in Australia and overseas.
WHAT OUR CLIENTS SAY
“Ewen just made the process easy. He explained things well and it wasn’t too complicated to understand”.
"I felt so comfortable with Philipp and with the team at Wynnes, that I didn’t need or want to go anywhere else for IP advice and protection."
"A friend of mine strongly recommended to see Ewen. As soon as I met with him and started discussing my idea, I knew that I was in capable hands."
"When we came to the office and showed Philipp a prototype, he really grasped the product and concept without having to double explain things which was great."