Property dispute solicitors
Madison Legal’s property dispute lawyers are experts in defamation claims as well as Intellectual Property Disputes (IP) such misuse of confidential information, breach of confidence and data protection claims.
The property dispute solicitors team advise businesses and individuals on how to manage, protect and exploit the intellectual property they have developed within brands, inventions, designs, expertise, and literary, artistic, and musical works.
In many instances, the first step for our clients is collaborating with us to identify the IP used and owned by their business as it can be complex and include many aspects of your business, your brand name, logo and even your reputation in the marketplace.
Some IP rights arise automatically but others (and in particular stronger, more easily enforceable forms of protection) need to be registered at the appropriate Intellectual Property Office.
Speak to our intellectual property disputes lawyers today
For expert assistance with intellectual property disputes, theft, and infringement, contact our intellectual property dispute lawyers today. We offer a no obligation initial discussion about how we may be able to help.
Defamation and Reputation Management
What is a defamation dispute?
Defamation occurs when someone makes a publication, whether written or spoken (such as articles, interviews, or Tweets), that lowers you or your business in the eyes of third parties, resulting in reputational damage and injury to feelings.
Written defamation is referred to as ‘libel’ and spoken defamation is ‘slander.’ The difference between the two is important because libel and slander have different requirements a claimant must prove.
A defamation claim will only be successful if the information published, broadcast or spoken is about the characteristics of a person, business or product and is proven to be:
- Reported in an intentionally misleading way
- Damaging to the image of that person or business.
What are the potential defences to defamation?
- Truth: when the allegedly defamatory statement is at least substantially true.
- Honest Opinion: applies when the defamatory statement can neither be proven nor disproven.
- Consent: if the Claimant consents to the publication of the statement in question, they cannot claim defamation.
- Absolute privilege: some forms of speech, like topics of public interest, are protected as a legal right. Such circumstances include statements made during judicial proceedings or in parliament
- Limitation If someone makes a written defamatory comment about you or your business, whether online or otherwise, there is an extremely limited period in which you can bring a claim of one year from the date of the initial publication (see Section 4A of the Limitation Act 1980).
- Statutory defenses: certain defenses are prescribed by law, particularly in relation to journalists, such as Anti-SLAPP statutes
- Public Interest: here are two limbs to the defence, which requires the defendant to show:
○ (1) that the statement complained of was, or formed part of, a statement on a matter of public interest;
○ (2) and the defendant had a reasonable belief that publishing the statement complained of was in the public interest.
What are the remedies to a successful defamation claim?
The main remedies in defamation cases y include:
- An undertaking not to republish any defamatory statements;
- An apology; and/or
- A retraction.
In certain cases, it may also be possible to apply for an interim injunction prohibiting the publication, or re-publication of the potentially defamatory material.
The property dispute solicitors at Madison Legal will advise and act for both claimants and defendants to defamation claims. If you are considering making a claim for defamation, then we will discuss the pros and cons of doing so and discuss how to mitigate any actual or potential risks to the reputation of an individual or business.
Intellectual Property Disputes
What is Intellectual Property
Intellectual property refers to goods and services such as art (for example, photography and paintings), written content (for example, books, song lyrics), and logos and names of companies. There are four principal areas of Intellectual Property:
- Trademark: these are things like logos or the trademark of a brand or image, or artwork.
- Copyright: this is anything in print, whether it is a book, film, or script.
- Patent: this is effectively to protect an idea for a product or design that has not yet gone to market.
- Trade Secrets: these are the essential information unique to the running or marketing of a business.
The above protection is therefore essential to both individuals and companies and any infringement on a person or entity’s Intellectual Property Rights are likely to cause economic and other damages to someone’s brand and income.
At Madison Legal, our property dispute solicitors will advise and act for both claimants and defendants in Intellectual Property Disputes and will provide early strategic and cost-effective advice to provide the most effective protection and early resolution to a matter.