Defending your intellectual and industrial property assets in court
Plasseraud IP Avocats offers a wide range of skills and expertise as regards legal proceedings and litigation concerning intellectual and industrial property (trademarks, designs and models, copyright, PDOs, NTIC and domain names etc.) and related matters (competition law and free-riding, unlawful or deceptive business practices, the French Loi Evin on tobacco and alcohol).
Wide-ranging skill and expertise in IP litigation
We support, assist and represent you in all aspects of IP litigation (apart from patents).
We deal for example with:
• on-site inspections and infringement-seizures of litigious goods, applications to release seized goods (in defence), orders for pre-action disclosure or preservation of evidence;
• urgent applications for interim and/or protective relief - interim injunctions sought under either of the relevant French procedures;
• substantive actions - infringement proceedings, invalidity proceedings and actions for the recovery of property, before both civil and / or criminal Courts;
• assistance and representation of claimants and defendants, before French courts and Courts of the EU (the General Court and the Court of Justice of the EU);
• appeals before the Court of Appeal against decisions of the French Trademark Office (INPI) in opposition proceedings or having rejected trademark applications.
The rapid response capability needed to deal with urgent legal proceedings
Plasseraud IP Avocats will respond rapidly, whether in defence of our client's interests (as in the case of an preliminary or interim injunction filed against you, or an infringement seizure performed by a competitor in your premises) or in seeking relief as claimant so as to put a stop to infringing acts which damage your business.
Formulating a clear litigation strategy
To defend your interests, we define with you the litigation strategy that is most adapted to your intellectual property assets. Our expertise and knowledge of the IP sector allow us to establish the principles based on trasparency and dialogue to offer you the best solution.
At Plasseraud IP Avocats, our usual practice involves:
• making a succinct initial analysis of the situation, as soon as the first part of the material is available, so that we can give you our initial recommendations on the stance to be adopted or the steps to be taken;
• opening a constructive and pragmatic dialogue with the client, so as to identify and prioritize its essential objectives and main concerns, which will vary from case to case;
• setting out for the client, in objective, specific and comprehensive terms, what is at stake in the proceedings, and the variables and risks involved, so that the client is fully aware of its strengths and weaknesses, and is in a position to make an informed decision;
• helping its clients to make the necessary decisions, through advice and recommendations based on our expertise in IP matters and our experience in the litigation area;
• taking the necessary measures to reach the chosen purposes, whether in Court (legal proceedings) or out of Court (negotiation of a settlement agreement), by putting together the appropriate and relevant arguments.
Reporting back at regular intervals on the steps taken and the various stages of the proceedings
Plasseraud IP Avocats is well aware that it is important for clients to have a clear understanding of the procedural situation throughout; we therefore make a point of informing them of every stage of the procedure and of all the steps taken vis-à-vis the Court and/or the opposing party.
Thorough research and knowledge of the relevant case law
Steering a case to a successful outcome requires thorough knowledge of the case law and its current direction. Indeed, the evolution of case law decisions has a direct impact on the strategy to be adopted by the claimant or defendant, as well as the choice of Court and the legal arguments to be put forward.
It is therefore essential to be up to date and to keep a close eye on developments in case law.
With that in mind, Plasseraud IP Avocats has created a legal documentation resource with an outstanding classification and research function. This resource enables us to search a given topic in a very thorough but also very specific way, ensuring that the material we draft (pleadings and written submissions) is based on the most relevant and most recent case law.