What is real
is not external form.”
Trademarks are often used by many “good faith” companies, but once a business grows, there is a risk of trademark infringement. Let’s see how such a situation could be avoided.
We recently managed to negotiate a coexistence agreement for one of our French customers that offers an innovative technological solution for the global medical industry.
We have observed that the brand of our customers is used identically by a German company with more or less the same field of activity, so we managed to negotiate a coexistence agreement for both brands.
The purpose of such an agreement is that brands are often used by several companies, but the absence of a formal agreement does not undermine the companies that use the brand as they are in different parts of the world.
However, as businesses grow, both parties may have substantial rights to use the mark. In some cases, companies that develop and use the same or a similar brand generally enter into a coexistence agreement in order to avoid the use of the trademark in an undesirable or counterfeit manner.
Coexistence agreements can offer practical solutions to companies who fear being sued for trademark infringement, as proactive agreements can avoid the high costs of litigation.
A large part of our team has been present at the most important IP-event held this year in Boston, in May 2019. Our colleagues have met several partners and colleagues. They have also negotiated, during face-to-face meetings, key aspects of pending deals in the name of our clients. It was also another year when our ( learn more )
Among our recent large mandates, we are proud to count the IP due-diligence performed in the name of a famous US investment-fund, who just bought a network of private clinics in Eastern-Europe. The focus is not only on the brand itself, but also on additional good-will which can be captured through several assets including websites, ( learn more )
We represent an important Swiss company in the FMCG industry, in relation to a foreign patent extended to Europe. Our task is to help them in preparing the file able to stop the expansion of the patent to Europe. The difficulty resides in the need to find earlier public documentation, a soft-skill necessary in this ( learn more )