Our best advice we offer to our regular clients is to proactively protect their intellectual property, thus acting with foresight and saving resources and time, from the first day of their business.
We help to check the availability of the selected company name and trade marks, recommend the most appropriate registration strategy for the specific client’s type of activity and future plans, as well as perform the registration. By delving into the client’s daily work, we offer appropriate sections of employment contracts on intellectual property and trade secrets.
We have developed very fruitful cooperation with clients whose activities are especially focused on the creation of IP-containing products. We help with the development of a strategy for the protection of the invention, recommend which contracts to enter into with third parties involved in the course of the work and how to create a contract to transfer the generated IP content to the end users.
We also take care of the client’s protection if his IP rights are violated. This includes situation assessment, proposing solutions, drafting of a warning letter or a letter by which the client protects his position, as well as handling of situations by means of a coexistence agreement or settlement.
We believe that the situation where a client-friendly agreement is made is much more effective than a lengthy lawsuit. If this is not possible, we represent the client’s interests before court, together with the best IP litigators and professionals in the specific technical field.
We acted for the client, largest pawnshop of Latvia with affiliates in many cities, in a case against its competitor which used signboards of the same combination of colours as contained by the client’s trademark. The specifics of the case include the client’s trademark having descriptive character and achieved distinctiveness through the use. We issued warning letters and as a result the competitor agreed to change the signboards accordingly. For many years, we have been helping this client design and develop its trademark protection strategy, as well as providing trademark registration in various jurisdictions, consulting on the most appropriate choice of registration system.
We assist AS Mintos Marketplace, peer-to-peer lending marketplace based in Latvia, in development and management of its trademark strategy. We prepared the strategy of trademark registration, analysed risks of potential oppositions by third parties, prepared and submitted the trade mark applications in Latvia and in Community system.
Also we are helping our client to negotiate with Community trademark owner, who objected on our client’s trademark registration in Community system. Now we are negotiating about conclusion of co-existence agreement. We also help the client resolve conflicts with trademark owners from various European Union countries that see a potential conflict with the European Union trademark registered in the name of the client.
Our long-term client with a wide trademark portfolio continued the process of registering new trade marks this year as well and our lawyers renewed trade mark registrations for a new 10-year term on behalf of the client, and provided advice on trade mark availability and recommendations on how to obtain the widest possible protection.
Our law firm assists AS mogo in development of its trademark strategy in foreign countries. Also we have assisted the client in preparation and submission of opposition against registration of Community trade mark.
We acted for the client by bringing an action against one of the major sweets manufacturers in Latvia claiming compensation for moral damage caused by unauthorised use of the client’s image on product packaging and in advertising. The case was specific due to the client’s photo being taken at the major public happening of Latvia, as well as due to involving only breach of the client’s privacy rights, but not damage to person’s honour, as typical in this type of cases in Latvia before. The court ruled in favour of the client and ordered the opponent to pay the compensation in the full amount as requested by the client. The court judgement has become final.
We represented the client, pharmaceutical company, in a dispute concerning the trademark sold by the client to its previously related company. The opponent claimed that the client is in breach of the warranties provided in the agreement with respect to the trademark for the reason that a third party intends to oppose the registration of the said trademark. We prepared an opinion and response to the opponent’s arguments. As a result the case was settled and the opponent paid to the client the outstanding purchase price for the trademark.