Resolving an Intellectual Property Claim for a Software Company

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.

“Working with Franklins made a difficult situation manageable. Their communication and professionalism were second to none.”

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.