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Intellectual property disputes

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A key component of our global intellectual property practice, our dispute resolution and litigation team has a prominent track record of success in contentious IP matters involving patents, trade secrets, trademarks, copyright and passing off.

“Norton Rose Fulbright’s IP team has ‘excellent strength-in-depth’” The Legal 500 Asia Pacific

We act for clients in IP-related disputes throughout Europe, the United States, Canada, Latin America, Asia, Australia, Africa and the Middle East. Our practitioners handle complex and multijurisdictional litigation and have an in-depth understanding of the strategic considerations that go into the enforcement of IP rights on an international scale. Where appropriate, we work with clients to seek out appropriate ADR opportunities that achieve our clients’ business ends and protect their investments.

We have experience representing clients in all major forums for IP disputes, with particularly strong credentials in mediations, arbitrations and domain name proceedings before IP courts and tribunals worldwide.

We deliver

  • An extensive global platform, enabling us to handle IP enforcement issues for clients internationally.
  • In-depth knowledge of local IP laws across a variety of jurisdictions.
  • Equal facility in litigation and alternative forms of dispute resolution.

Our areas of work include

  • patent infringement and impeachment actions
  • trademark infringement (including trade dress, domain names and non-traditional trademarks) and applications to expunge trademarks
  • breach of confidence/misuse of trade secrets actions
  • copyright, design and database infringement
  • counterfeit, trade libel and false advertising actions
  • acquisition of evidence by search and seizure orders and injunctions
  • disputes relating to IP agreements.

Our recent experience

  • Representing Royal Bank of Canada (RBC) in a trademark infringement action against the Royal Bank of Scotland and related entities in connection with RBC’s Royal Bank of Canada, Royal bank and RBC marks.
  • Advising Accolade Wines Australia Limited on brand enforcement issues concerning its global brand portfolio, consisting of over 1600 trademarks worldwide.
  • Representing Smart Technologies, Inc in potential community trademark and community design right litigation proceedings against a Chinese technology company concerning an interactive whiteboard product exhibited at tradeshows in the UK and across Europe.
  • Obtaining a favorable settlement for Nestlé Health Science-Pamlab and Breckenridge Pharmaceutical in a case involving false advertising claims brought under the Lanham (Trademark) Act.
  • Representing Sasol North America in a patent and trade secret action arising from Sasol’s construction of a US$20bn project in the US.