Registered Community Designs: Advice on Settlement Negotiations
My trade mark attorneys acted for a company which imported and distributed toys and novelties. It had received a letter from a well known firm of solicitors with a reputation in intellectual property complaining that my client company had infringed their clients' registered Community designs and requesting undertakings. My instructing attorneys had negotiated some concessions but their client was reluctant to offer any more.
They asked me to advise on the following points:
- whether my client's products infringed the Community designs having regard to its limited design freedom;
- the chances of the other side's obtaining an interim injunction;
- the chances of invalidating the registrations; and
- the prospects of a passing off action,
Armed with my opinion and risk assessment my attorneys were able to negotiate a satisfactory settlement for their client.
