Intellectual and industrial property
« Protecting your know-how, your ideas and your image: the key to developing your business with peace of mind. »
Protecting your business from the competition is one of the pillars of your added value.
- How can you protect your distinctive signs such as your logo, your name, your image?
- How do you launch your brand abroad and preserve it beyond Belgium’s borders?
- How to defend yourself against unfair competition and counterfeiting?
- What procedure should you put in place to ensure ownership of an invention or creation?
- In short, what strategy should you adopt to consolidate the intellectual and industrial property of your business?
At Lex4u, we have a 360° view of the assets to be secured and an in-depth knowledge of all the procedures to be followed to achieve this.
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- Protect your brands and inventions.
- Develop a legal protection strategy for your business project.
- Defend your commercial interests and protect you against any form of unfair or parasitic competition.
- Negotiate the best deal in the event of a dispute with a competitor.
- Arrange all necessary confidentiality agreements for partners, employees, service providers, etc.
Trademark law case study
ModeFusion (not its real name), a renowned fashion company, finds itself in a trademark dispute with an emerging start-up, UrbanChic (not its real name), which claims that the name of ModeFusion’s new clothing line is too similar to its own registered trademark.
The conflict threatens not only ModeFusion’s reputation, but also its marketing and sales positioning in the market.
Mission duration: 7 days
Dedicated lawyer: Maître Dupont
- Determine whether the brands in question are sufficiently similar to confuse consumers.
- Establish trademark priority between ModeFusion and UrbanChic.
- Assess the potential risks of litigation and the financial consequences for both parties.
Strategy and actions in the field
- Similarity analysis: in-depth identification of ModeFusion and UrbanChic trademarks, as well as their respective products and services. Examination of the similarity of visual, phonetic and conceptual elements to assess the likelihood of confusion and the strength of UrbanChic’s argument.
- Right of priority: study of filing dates and evidence of use of the trademarks by both parties to determine the right of priority and which of the two parties had the earliest and most continuous use of the trademark in question.
- Legal risks: information on the potential risks associated with litigation in terms of cost, duration and reputation, and proposed strategies for resolving the dispute amicably if possible.
- Resolution of brand conflict in an informed way. An out-of-court settlement was reached with UrbanChic, avoiding costly legal proceedings.
- Preservation of reputation and visibility on the company’s legal and financial future.
InnovateTech (not its real name), a major player in the technology sector, is facing unfair competition from its direct competitor, TechAdvantage (not its real name).
InnovateTech suspects TechAdvantage of copying its products, stealing trade secrets and disseminating false information to discredit its reputation in the marketplace.
Durée de la mission : 12 mois
- Gather solid evidence demonstrating TechAdvantage’s acts of unfair competition.
- Develop a legal strategy to file a lawsuit and prove unfair competition.
- Assess the damages suffered by InnovateTech as a result of unfair competition and determine the appropriate remedies.
Stratégie et actions sur le terrain
- Unfair competition evidence: lead a team to gather solid evidence, including documents, testimonials and technical data, demonstrating TechAdvantage’s acts of unfair competition.
- Strategy: development of a detailed litigation strategy, identification of key elements to establish unfair competition and preparation of a full legal complaint, including allegations, evidence and claims for compensation.
- Damage quantification: assessment of the financial losses suffered by InnovateTech as a result of unfair competition, including loss of revenue and damaged reputation.
- Proposal of appropriate remedies: application for financial damages and injunctions to put an end to unfair competition.
- Legal victory against TechAdvantage for unfair competition.
- Court orders in favor of InnovateTech and injunctions to prevent TechAdvantage from continuing its unfair practices.
- Defend InnovateTech’s reputation and obtain compensation for damages suffered as a result of TechAdvantage’s unfair competition.