Our client, a published author with a loyal and globally established readership, encountered significant reputational risk when a third party began infringing on our clients’ intellectual property rights.

The third party unlawfully began using our clients’ pen name, cover designs, and presentation to publish AI-generated books and pass these books off as our client’s work to create consumer confusion in the marketplace.

These AI-generated books did not reflect the quality of our client’s authentic writing, resulting in negative reviews and consumer dissatisfaction. This was damaging our client’s reputation and undermining our clients’ years of hard work and credibility.

Our corporate team acted swiftly to enforce our client’s intellectual property rights, addressing the infringement and protecting our client’s brand. Through strategic legal action, we helped safeguard the integrity of our client’s work and reputation.

We successfully addressed the infringement and protected our client’s brand, safeguarding the integrity of our client’s work and reputation.

As the use of AI continues to grow, instances of AI-generated content being used to infringe intellectual property rights will likely increase. If you are facing a similar issue, it is important to act swiftly to protect your reputation and your rights.

Our client, a company, was purchasing certain assets and goodwill from a target company.

The purchase required careful structuring and thorough investigation to ensure the client understood exactly what they were acquiring and what liabilities, if any, they would be taking on.

We began by outlining a clear plan for the purchase. Due diligence was a key part of the process and we carried out an in-depth investigation into the assets being acquired. This included examining the stock, intellectual property rights, property and contracts. We confirmed that the seller had good title to these assets and identified any liabilities the buyer might assume.

We also considered the employment position. Although employees did not form part of this particular asset purchase, we explained to the client how employment contracts, benefits and the Transfer of Undertakings (Protection of Employment) Regulations would typically be considered at this stage.

Once due diligence was complete, we drafted the asset purchase agreement and deed of assignment of goodwill. We then negotiated the terms between our client and the seller, aiming to achieve a balance between the interests of both parties. Throughout the negotiations, we advised the client on the requests made by the seller and the implications of the terms, as well as the liabilities the seller was agreeing to accept.

Once the terms were agreed, we prepared for completion. As our client was a company, we prepared the necessary documents to evidence that the company was duly authorised to enter into the transaction. We then facilitated the exchange of documents and information between the parties on the completion date, ensuring that both sides had provided everything required under the agreement. We also coordinated the transfer of completion monies from the buyer to the seller.

This purchase included an element of deferred consideration, where the seller was required to comply with certain obligations before our client would be due to make payment of the relevant instalments. We corresponded with the client and the other side to ensure these obligations were met and facilitated the movement of funds on each instalment due date.

We successfully negotiated and completed the asset purchase agreement and ancillary documents for the purchase of the assets and goodwill of the target company.

The transaction was completed within the client’s desired timeline, and they were pleased with the outcome.

“Thanks a lot Amy. Thanks for your help and assistance over the last few months. It’s been a pleasure working with you and should any new opportunities come up, I’ll be sure to reach out to you again.”

Undertaking an asset purchase and conducting thorough due diligence can be a complex process involving legal, financial and regulatory considerations. It is important to ensure that the interests of both parties are balanced and that all parties understand the implications of the agreements and the liabilities they are accepting.

Putting a plan in place and seeking advice at each stage of the transaction ensures that your interests are protected and that the agreement is legally enforceable.

Our client, a software company, had been alerted to a potential intellectual property violation relating to their software platform. The issue came to light through a YouTube video showing use of a similar software system that bore a striking resemblance to our client’s product. The user was attempting to sell access to their software via their own website.

There was evidence that the defendant had previously signed up to use our client’s software, which suggested their version had been directly copied.

Additionally, the defendant had used a logo similar to that protected by our client’s trademark on their website. This amounted to misrepresentation of the defendant’s business and an attempt to pass off the software as being connected to our client in order to benefit from their goodwill.

Christopher Buck spoke with the client to establish the nature of the potential breach, including details of the trademark, the similarities to the client’s own software, and the links between the defendant and the client.

Following this, we drafted a letter before the claim outlining the details of the breach and the actions that the client requested the defendant take to remedy the breach. The letter was issued by email to the defendant, giving them 21 days to provide a written response before any further action would be taken.

The defendant responded to the letter and agreed to all of the requests made by our client to remedy the breach. This included withdrawing the software from sale and removing any references that carried a similarity to our client’s trademark from their website.

As a result, the defendant was prevented from benefitting from, and potentially impacting, the goodwill of our client. A potential competitor was also removed from the market.

Defending a trademark is essential as it prevents others from benefitting from the goodwill of your company. If a breach is allowed to continue, there is a risk that the offending party will cause damage to your reputation and may even take potential business away from you.

Acting quickly when a potential breach is identified can often resolve matters without the need for court proceedings.