Protecting Creative Content

Protecting Creative Content – Copyright and Designs

Not all IP is protectable through registration. In fact, unregistered rights such as copyright can offer powerful protection for an extended period of time. We can advise you on what aspects of your content can be protected through registration, where you can rely on unregistered rights and, importantly, what documents it would be prudent to assemble and keep for the future should you ever need to bring a legal action relying on unregistered rights.

Example:

Our client, a leading business-to-business provider of training courses, became aware that an individual had posed as a client in order to purchase course materials and then copied those materials, presenting them as his own courses, to sell online. We established that our client could demonstrate ownership of copyright in the original materials to the level necessary in order to bring litigation, captured images from the infringer’s website to serve as documentary evidence and undertook a comparison of the original and copied materials, again applying the same tests that the court would apply. We then wrote to the infringer, enclosing all the evidence and insisting that he permanently removed the infringing content, gave binding undertakings not to infringe our client’s copyright going forward and compensated our client. Rather than face an expensive court case that he was bound to lose and greater liability for costs and damages, the infringer agreed and promptly removed the infringing content.

Example:

Our client had created a range of innovative electrical products for outdoor, wet weather use. The outside appearance of the product was protected as a registered design, but there was no registration covering the interior, in which our client had invested a great deal of design effort. It came to our client’s attention that a Chinese manufacturer was about to flood the market with products that had a different outward appearance but copied the interior of its design. We acted quickly, cutting through a complicated chain of sister companies and overseas manufacturers with a series of assignments to ensure that our client owned the appropriate rights so that it had standing to start legal proceedings and obtained an interim injunction for our client within days of the infringing products entering the market, protecting our client’s monopoly.

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