Building Shared Value Case Study - are not
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One such party was a national retailer in the UK, a household name that is well prepared to defend IP claims and bat off all but the most determined of opponents.
They were selling a product which we and our client believed was infringing. Our opponent naturally went into damage limitation mode, refusing to offer any form of financial compensation but, eventually, offering to stop selling the product after a fixed sale through period.
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Sometimes it can be tempting in IP disputes to stop there, the product will disappear soon so the primary objective of ending the infringement has been achieved. Well, yes, but this can often feel like a hollow victory, particularly as it can only usually be brought about following some sort of legal spend.
Instead, we pushed for the reimbursement of our legal fees and got them. We then talked to our client about its primary business aims.
How we added value
Our client is in the business of supplying its beautifully designed products to retailers. We were dealing with a large retailer and so it made sense to explore a commercial opportunity. But they soon realised that this is actually something that their client would be keen to do, particularly if it meant that they could avoid court proceedings. Coupled with this we had to build a relationship, rather than bulldozing our opponent and burning any future bridges, we had to be firm, but reasonable.
In so doing we created an environment in which the two opponents could work together and find a mutually beneficial outcome. Why you need Briffa We know the buttons to push in order to achieve the desired outcome. We can deal with the big picture aspects of the dispute what are your aims and objectives as well as the detail what is the precise wording needed in the settlement agreement. This means that we can tackle issues quickly, efficiently, and hopefully with a high measure of success.]
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