Intellectual Property Disputes: Your Guide on Intellectual Property Infringements
Standing out in the marketplace means developing something unique – be it a product, a brand, a design, or an idea. But when you dare to do something different, it’s not uncommon for others to step over the line, copying, misusing, or even challenging your intellectual property rights.
When that happens, the legal and commercial consequences must be swift and severe. In this guide, we offer a comprehensive overview of intellectual property disputes and infringements. Not just to protect your creations but also to defend yourself when you’re on the receiving end of a claim.
What is an intellectual property dispute?
An intellectual property (IP) dispute arises when there is a conflict over the use, ownership, or rights associated with intellectual assets. These assets can include inventions, literary and artistic works, designs, symbols, names, and images used in commerce.
IP Disputes can take many forms, including:
- Infringement of registered or unregistered IP rights
- Breach of licensing agreements or terms of use
- Misuse or theft of trade secrets and confidential information
- Challenges to the validity of patents, trade marks or design rights
- Disagreements over IP ownership, such as between collaborators or former employees.
What is intellectual property infringement?
IP disputes often emerge when one party alleges another has infringed their rights, either by copying, reproducing, or exploiting protected assets without permission.
Examples of intellectual property infringement include:
- Copying a logo
- Manufacturing a patented product without a licence
- Distributing pirated content.
Whether the infringement is accidental or deliberate, it can carry serious legal and financial consequences.
5 Examples of intellectual property disputes
There are several types of intellectual property disputes, each relating to different categories of IP.
Copyright disputes
Copyright infringement occurs when original works are copied, distributed, or publicly displayed without permission.
Copyright disputes also regularly emerge across film, publishing, and tech. For example:
- Software firms may pursue breaches of licensing agreements
- Streaming platforms may face disputes when navigating complex rights management
- Publishers face new challenges from unauthorised adaptations and AI-generated content.
A high-profile example is the copyright dispute between Ed Sheeran and the estate of Marvin Gaye, which alleged that Sheeran’s song ‘Thinking Out Loud’ copied elements of Gaye’s classic ‘Let’s Get It On’. Although Sheeran ultimately won the case, it highlights how fiercely copyright in music can be protected and contested.
Patent disputes
Patent infringement involves the unauthorised use, production, or sale of an invention protected by a valid patent. It includes:
- Direct patent infringement: Copying the invention.
- Indirect patent infringement: Facilitating its use or production.
Wider patent disputes often involve:
- Challenges to the patent’s validity
- Disputes over who first invented the technology
- Breach of licensing terms
- Conflicts regarding overlapping patent claims from different jurisdictions.
One high profile example involves AstraZeneca’s patent on its COVID-19 vaccine. During the pandemic, a global debate emerged over temporarily waiving vaccine patents to improve access in developing countries. The discussions around patent waivers highlighted the tension between intellectual property rights and global public health needs.
Trademark disputes
Trade mark infringement happens when a registered trade mark (e.g. logo, name, slogan, etc.) is used without permission, in a way that could cause confusion among consumers.
A recent example is the legal dispute involving a Dundee-based optician trading as ‘Spex Pistols‘, which rebranded after threats of legal action from the representatives of punk band the Sex Pistols.
While the band’s IP lawyers were happy for Spex Pistols to continue using its name, they raised objections over similarities between the band and the boutique’s logos. They issued a ‘cease and desist’ letter in 2024, and eventually, Spex Pistols changed its name to end the dispute.
Design infringement disputes
Design right infringement involves copying the shape, configuration, or appearance of a product protected by design rights.
One notable example is the long-running dispute between Samsung and Apple, where Apple claimed Samsung copied key elements of the iPhone’s design, including its rounded corners and grid of colourful icons.
Although the case involved multiple types of IP, registered design rights played a central role in Apple’s legal argument. The dispute eventually expanded into numerous lawsuits, with Samsung frequently countersuing in response.
Trade secret disputes
Trade secrets are confidential business information that give a company a competitive edge. Unlike patents or trade marks, they aren’t registered. Instead, their protection depends on keeping them secret. Misappropriation occurs when this confidential business information is stolen or disclosed without consent.
A notable legal challenge involving trade secrets was the case of Waymo v Uber. Waymo accused a former employee of stealing confidential files related to self-driving car technology and passing them to Uber. The case was resolved in 2018, with Uber agreeing to pay a financial settlement and agreeing not to use the disputed technology in its self-driving cars.
How to enforce your intellectual property rights
When your intellectual property is infringed, promptly addressing the issue demonstrates your commitment to protecting your rights and taking control of the situation.
If you believe your IP rights have been infringed, you should:
Seek legal advice
Engage an intellectual property dispute solicitor to evaluate the strength of your case. They will help you to establish the type and extent of the infringement using documentation, timestamps, and expert analysis.
Issue a cease and desist letter
A common first step in any IP dispute is issuing a cease and desist letter. These are formal requests sent to the alleged infringer, asking them to stop their unlawful activity. Often, this can resolve the issue without court action.
Engage in settlement discussions
If you are involved in an IP claim, it’s often best to start with informal negotiations and alternative dispute resolution (ADR) methods to secure a mutually acceptable end to the conflict.
This might include:
- IP dispute negotiation: Direct communication between disputing parties is often the quickest and least costly resolution method.
- IP dispute mediation: Mediation sees a neutral third party, known as a mediator, facilitate discussions between disputing parties to help them reach a mutually acceptable resolution.
Initiate legal proceedings
If informal measures fail, legal action may be necessary to secure your rights and seek redress at court. Where the situation is urgent, one of the first steps is often applying for an injunction to stop the infringer from continuing to use or distribute the protected IP.
Injunctions can be granted on an urgent basis where immediate action is needed to prevent ongoing harm.
Remedies for IP infringement
- Damages or account of profits: You may be entitled to financial compensation for losses suffered due to the infringement, or to recover any profits the infringer made from using your IP unlawfully.
- Delivery up or destruction: The court may order the infringing goods or materials to be handed over or destroyed to prevent further harm or circulation.
- Publication of judgment: In some instances, courts may direct the infringer to publicise the outcome. This is a useful remedy when reputational harm has occurred, or deterrence is important.
- Declaratory relief: You can also seek a formal legal declaration confirming your rights over the IP in question, helping to assert and clarify your position.
Defending against an IP violation claim
Being accused of IP infringement can be intimidating, even if you believe your business has acted fairly, independently, and within the law. If you receive an allegation and/or a cease and desist letter, it’s important not to panic.
Acting quickly and strategically can help protect your reputation and limit potential disruption.
Key defences include:
- Invalidity: You may challenge the validity of the claimant’s IP right, for example, by showing that a patent lacks novelty or that a trade mark should not have been granted due to being too generic.
- Non-infringement: You can argue that your actions do not fall within the legal scope of the IP right in question. For instance, your product may be sufficiently different from a registered design, or your branding may not cause confusion with a registered trade mark.
- Fair use or permitted acts: Some IP rights, particularly copyright, have exceptions that allow limited use without permission. This includes acts such as criticism, review, research, or parody under certain conditions.
- Consent or licence: If you have permission to use the IP through a formal licence or an implied agreement, this can form a defence.
- Acquiescence or delay: If the rights holder has knowingly allowed the use of their IP for an extended period without objection, they may be prevented from enforcing their rights later.
A specialist intellectual property dispute solicitor will assess the strength of the allegations, and advise you on the most appropriate response.
Intellectual property infringement - FAQs
Below are some of the most common questions asked about intellectual property infringements.
IP infringement is the unauthorised use of protected IP, such as copying a trade mark, distributing pirated content, or making a product based on a patented design.
Start by identifying the infringement and gathering evidence. Engage legal counsel early to explore resolution through cease and desist letters, mediation, or, if necessary, litigation. Prevention through IP audits is also key.
The typical stages include:
- Legal analysis to identify the infringement
- Pre-action correspondence
- Resolution attempts (e.g. negotiation and mediation)
- Issuing proceedings
- Trial and post-trial remedies.
Patent infringement occurs when a third party uses, manufactures, or sells a patented invention without permission. It can be direct (copying the invention) or indirect (facilitating its use or production).
Trade mark infringement involves unauthorised use of a sign that is identical or confusingly similar to a registered trade mark. Enforcement can include legal warnings, negotiation, and court action, often culminating in injunctions or damages.
Ensure robust internal policies, enforce non-disclosure agreements (NDAs), and restrict access to sensitive information to protect your business’s trade secrets. Legal protection also relies on documenting efforts to maintain secrecy and responding quickly to breaches.
Contact our intellectual property dispute solicitors today
Our expert litigation lawyers understand the intricacies of intellectual property law and the commercial impact of IP disputes.
Our IP dispute solicitors offer:
- Trusted advise: We specialise in intellectual property dispute resolution and regularly advise businesses across a wide range of sectors.
- Business-first approach: Whether enforcing your rights or defending a claim, we focus on outcomes that align with your commercial priorities.
- Custom strategies: We tailor our advice to your business needs, helping you protect assets, avoid unnecessary costs, and resolve disputes efficiently.
- Clear and flexible pricing: We offer transparent fee options and keep you informed about costs at every stage.
Don’t let IP disputes disrupt your business. Contact us today on 020 7467 3980 or complete the online enquiry form and one of our expert intellectual property dispute solicitors will be in touch.