Notos brochure

Conducting of IP cases and competition proceedings (IP-litigation)

 
IP cases and competition proceedings conducted by Notos attorneys have had very considerable significance for the economic success of our clients for years.
During this time we have acted successfully for the holders of rights and know-how against trademark pirates, design plagiarizers, work copiers and infringers of patents and registered designs as well as against know-how traitors by means of customs detentions, interim legal protection and principal proceedings as well as in official cancellation and nullity proceedings.

In competition proceedings we have removed numerous freeloaders and notorious violators from the market.
On the defendant side, we have put all-too fervent competitors and optimistic holders of rights into their place and secured freedom of action and competition for our clients.

With IP proceedings our general mode of procedure is the following:

Anticipation and configuration of a conflict situation
Infringements of protective, copyright and competition rights can be generally found out or surmised by observation of the relevant market. In this area, specialist-sector trade fairs are frequently not only forums for inventers but also for plagiarizers and freeloaders. In the initial stages of a conflict that is becoming apparent we analyze for you the factual and legal situation in a professional and efficient manner, prepare risk and cost analyses for you and develop an overall strategy that promises success. With the aid of documentation, evidence-preserving procedures, entitlement enquiries or warnings on the one side or post-licensing, changing and redesigning of the products on the other side we configure the situations in an active manner and put you into a strong position from which you can decide on the further course of action.

Settling of disputes out-of-court
In every lawsuit situation we check the opportunities for settling the dispute by mutual agreement. If you wish negotiations with the opposing side we will represent you or advise you in the background. In these situations we naturally also take into account your business-policy requirements such as the maintaining of a fundamentally functioning business relationship with the other party or the consequences of the public reporting of a court case for the image of your company.

Conducting of a case in court
Within the framework of a litigious dispute we develop with yourselves an appropriate attack and defence strategy and work towards effective and efficient conducting of the case. We put inspection and forbearance claims into effect as rapidly as possible with an interim injunction or ward them off with the submission - comprehensive in so far as necessary - of a caveat. We prepare ourselves professionally for hearings and takings of evidence. The constant objective of our case-conducting strategy is to make it possible for the court to reach a decision in line with your interests as easily as possible.

Enforcement
It goes without saying that following the issuing of a judgement we assert your claims rapidly and effectively - if necessary also with the aid of execution procedures.

Co-operation with patent attorneys
With our team consisting exclusively of attorneys and specialist solicitors we are naturally used to co-operating with different patent law firms in infringement processes. In the main these are patent law firms that have been successfully realizing patents for the inventions of their clients for many years. However, sometimes we recommend our clients to also engage a leading specialist patent attorney in order to obtain a more neutral opinion on the patent situation of our client.

Selection of our work in IP cases:

Client / sector

Form of process

Robot systems manufacturer

Injunction suit under trademark law

Machinery systems manufacturer

Warding off of an injunction suit under patent law

Heating system manufacturer

Injunction suit under trademark law

System jewellery manufacturer

Injunction and compensation suits on the grounds of registered design infringement

Software manufacturer

Patent infringement suit following termination of a research and development co-operation

Hardware manufacturer

Warding off of an injunction suit under design law

Hardware manufacturer

Warding off of an injunction suit under patent law

Manufacturer of electrical and electronic products

Cease and desist orders against plagiarizer and removal of exhibition samples at a trade fair

Street lamp manufacturer

Assertion of forbearance claims and handing over of samples within the framework of a trade fair

Lamp and bulbs manufacturer

Injunction suit against a competitor under trademark law

IP-provider of a Web application for printing of prospectuses

Cease and desist orders against former employees on the grounds of taking away of source code

Electronics manufacturer following termination of a research and development co-operation

Warding off of an injunction suit on the grounds of the existence of the usufructuary rights to software as granted

A considerable number of owners of trademarks and domains

Assertion of a dispute entry and injunction and cancellation suits against infringers and freeloaders

Numerous photographers

Assertion of forbearance and licence compensation claims

Numerous visual artists

Assertion of forbearance claims, compensation claims

Printed from: http://www.notos.de/en/spezialisierung/ip-prozessfuehrung .
© 2017.

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