Intellectual Property and Digital Media Law Case Studies

Background

A well-established company in the real estate property industry in the southwest of London, "Eddison White," discovered that a competitor ”, SW19”, was improperly using their trademarked logo and name online. This appropriation was confusing consumers and damaging the brand's reputation.

Action Taken

Eddison White engaged our legal team. After a thorough trademark analysis, we sent a pre-action protocol letter to the proposed defendants. The letter outlined the potential legal ramifications of continuing to use the disputed brand and requested an immediate cessation of their use. SW19 immediately stopped using the trademark; however, proceedings continued to recover damage to the brand's reputation.

Outcome

After a legal battle, the infringing estate agent agreed to pay substantial legal costs and aggravated damages, leading to a settlement that included financial compensation for the damages caused by the infringement. Eddison White protected its brand and reinforced its standing in the market, enhancing consumer trust. Additionally, they used this experience to implement a more robust brand-monitoring system to prevent future infringements.

Background

The CEO of two UK biotech companies and a Clinical Lecturer at University College London approached us as she wished to co-produce a song with a well-known emerging UK artist in the Jazz genre, and a very successful producer to do the song’s arrangments. All three are friends. The song is intended for the launch and promotion of her first novel in Italy, as well as for its translated version in English-speaking countries. She wanted a simple contract in place to regulate this collaboration.

Action Taken

The scientist and creative CEO enlisted our firm’s help to prepare the collaboration contract. We advised her in accordance with industry norms for record labels. We could not advise her co-collaborators due to a conflict of interest. Additionally, we provided guidance on assigning her rights to the book and a collection of short stories to her limited company via an assignment agreement.

Outcome

Our proactive advice enabled her to protect her rights in her work, the book, while granting her friends rights to the joint work in a manner that safeguarded their rights. Our further recommendation that she assign her rights to the book to her limited company is the preferred structure for publishers and third parties, which will support her moving forward.

Background

A Spanish pharmaceutical company, "Ventos-Marti," was on the verge of launching an innovative medication in the UK and EU but faced challenges in navigating the licensing hurdles required for market entry. They sought to collaborate with a research institution possessing crucial intellectual property for successful product development.

Action Taken

We facilitated negotiations to reach favourable licensing agreements. The agreements allowed Ventos-Marti to access and leverage the institution's intellectual property, ensuring compliance with regulatory standards while sharing any revenue generated from the product.

Outcome

The successful negotiation resulted in a swift and efficient product development process. Ventos-Marti secured the right to enter the market and, within six months, launched their medication. The product met widespread acclaim and gained significant market share within the first year, drastically improving the company’s revenue and reputation. Ventos-Marti’s proactive approach to licensing established a precedent for future collaborations, enhancing its innovation capacity.

Background

A renowned London doctor in his field who must remain anonymous was faced with false allegations and negative online content that misrepresented his medical practice on Guido Fawkes, YouTube, and other websites. This occurrence affected his reputation and patient inflow, leading to potential financial loss for his practice.

Action Taken

The doctor enlisted the help of our firm to initiate comprehensive measures to remove the defamatory online content. We first identified the sources of the false information and compiled evidence demonstrating its inaccuracies. Then, we contacted the various website administrators and, where necessary, pursued legal action under defamation, data protection, and/or IP laws. We also obtained identity disclosure from Google and other intermediaries pursuant to third-party disclosure orders from the High Court, as several of the posts were made anonymously.

Outcome

The legal actions removed negative content from multiple platforms within weeks. As a result, his online reputation was restored, and he saw a 40% increase in patient enquiries over the following six months.

This Brazilian international modelling agency called (“IMA”)approached PAIL® when two of its senior bookers had an idea to set up a scouting agency operating throughout Europe and worldwide, to introduce new Brazilian faces to the European and worldwide market. The challenge was to persuade the principal Brazilian agency to accept a non-exclusive agreement that could be signed between the agency set up by the bookers and other local Brazilian agencies. There were also agreements with the major London agencies.

The results: PAIL® were retained and instructed to draft and advise on Model Scouting Agreements, Mother Agency Agreements, Agency to Agency Agreements (Brazil), Agency to Agency Agreements (London). The agreements were very successful with the London and Brazilian agencies.

Reagent’s management team approached PAIL® Solicitors as they were in urgent need of an experienced lawyer to assist them with the main competitor that had copied substantial parts of their website, including text word for word and three hundred and fifty-seven photographs from CC’s product catalogue and then distributed the photographs to other competitors. The case, which involved extremely complex issues, was more than just a box-ticking exercise. It required a lawyer with the ability and experience to analyse the facts and highlight any key issues that needed to be dealt with to outmanoeuvre the defendant who a prestigious City firm of litigators represented.

The results: The results: PAIL® quickly dealt with all the preliminary issues. Peter Adediran managed the case throughout and liaised directly with the management team. Over eight months, the matter was settled by way of a settlement with substantial damages and legal costs in favour of our client.