Dispute prevention and resolution
We defend industrial designs in disputes over the appearance of products, prioritizing negotiation whenever possible and taking the matter to court when the defense requires it.
“Year after year, the market recognizes Elzaburu for its deep technical expertise and unparalleled litigation capabilities.”
A Comprehensive Approach to Industrial Design Litigation
Litigation Strategy for Disputes Regarding Appearance and Distinction
An industrial design protects a product’s appearance and can be key to differentiating it in the marketplace. When a dispute arises, defending it requires assessing the scope of protection, prior disclosures, the available evidence, and the impact the dispute may have on the product’s commercialization.
Since 1865, we have provided consulting services in the field of industrial property, assisting with the protection, monitoring, exploitation, and defense of industrial designs. This accumulated experience allows us to assess each dispute with a comprehensive view of the asset and to anticipate which technical, legal, and visual arguments can strengthen each position.
In addition to this hyper-specialization, we bring more than 30 years of experience in national and international courts and a team of attorneys recognized in rankings. We have handled design disputes involving infringement, invalidity, imitation, or unfair competition.
As a law firm and consulting firm, we approach every litigation matter from every angle. This comprehensive perspective, combined with our litigation strategy and technical expertise, allows us to identify substantive and procedural advantages, strengthen our position in each case, and seek the most favorable resolution.
Services Related to Industrial Design Disputes
Specialized Design Protection
Design Infringement
We take action against counterfeits, reproductions, or the sale of products that may infringe on registered or unregistered design rights.
Invalidity and Validity of Designs
We handle invalidity proceedings and actions to defend validity, analyzing novelty, distinctiveness, prior disclosures, and overall impression.
Interim Measures and Evidence
We develop emergency strategies, conduct verification proceedings, secure evidence, and implement precautionary measures to protect the design.
Disputes Over the Scope of Protection
We provide advice on disputes concerning the comparison of designs, the designer’s degree of freedom, the relevant elements, and the overall impression of the informed user.
Unfair Competition and Imitation
We take action against imitation, misappropriation, confusion, or unfair practices that affect the product's distinctiveness in the market.
Team specializing in industrial design litigation
Our Experts
Other services related to industrial design litigation
Industrial design
We protect the visual uniqueness of your products to preserve their distinctiveness and competitive value in the market.
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Legal and preventive advice
We anticipate risks, negotiate solutions, and prepare to defend your intangible assets before a dispute escalates.
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Unfair Competition and Advertising
We prevent and defend against claims of unfair competition and illegal advertising before Autocontrol, either through out-of-court settlement or in court.
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Anti-Piracy
We combat counterfeiting online and offline through surveillance, customs enforcement, police actions, and criminal proceedings.
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How can we help you?
From patents, trademarks, and copyrights to technology, contracts, data protection, and IP disputes. We analyze your needs, assign them to the most qualified professional, and provide you with a response in less than 24 hours.