Intellectual Property Litigation Services

Protecting and Enforcing Your IP Rights

Intellectual property rights are valuable business assets, but their true value lies in your ability to protect and enforce them effectively. At Beats Counselors, we provide comprehensive legal representation in all areas of IP litigation, helping creators, businesses, and right-holders defend their rights in civil, commercial, criminal, and administrative proceedings.

Whether you are facing infringement, seeking to invalidate an IP right wrongfully obtained by a competitor, or need to challenge an administrative decision, we offer a strategic, rigorous, and business-oriented approach to dispute resolution in intellectual property.

Trademark Litigation

Our firm offers comprehensive assistance in all aspects of trademark litigation, including civil, commercial, administrative, and border enforcement proceedings. We act for rights holders, licensees, and businesses in disputes concerning the validity, ownership, use, and protection of trademark rights, both nationally and internationally.

1) Actions for Invalidation (Nullity Actions)

We initiate legal proceedings to obtain the invalidation of trademark registrations on both absolute and relative grounds. These include the lack of distinctiveness, descriptive or generic character, deceptive nature, or conflict with earlier rights such as prior trademarks, trade names, or geographical indications. We also act in cases of bad faith registration, where a trademark was filed to block competitors or misappropriate goodwill.

These actions may be brought before judicial or administrative authorities and can result in the full or partial cancellation of the registered mark.

2) Actions for Recovery of Ownership

We represent clients in actions for the recovery of trademark ownership when a registration has been filed by a person who was not entitled to do so. This includes cases involving former business partners, agents, distributors, or employees who acted in breach of duty or contractual arrangements.

Such actions aim to have the registration transferred or reassigned to the rightful owner and may be based on national law or on the provisions of international conventions, including those concerning unauthorized filings by representatives of the legitimate rights holder.

3) Actions for Forfeiture (Revocation for Non-Use)

Trademark rights are subject to the condition of genuine use. We act in forfeiture (revocation) proceedings when a mark has not been used for a continuous period, typically three to five years, without justified reasons. These actions aim to remove inactive trademarks from the register, allowing clients to secure and use identical or similar signs in commerce.

We also represent trademark holders in defending against such actions, notably by gathering and presenting proof of use or legitimate grounds for non-use.

4) Infringement Litigation

We represent clients in civil actions for trademark infringement, whether in relation to identical marks used for identical goods or signs likely to cause confusion among consumers. We seek injunctive relief, damages, and the seizure or destruction of infringing goods. Our experience covers litigation in traditional retail contexts, online platforms, domain name disputes, and social media.

We also defend clients accused of trademark infringement, ensuring that their use of signs is either lawful, non-confusing, or falls under an exception or limitation to the exclusive right.

3) Administrative Appeals and Opposition Proceedings

We assist in challenging or defending decisions issued by trademark authorities, including refusals of registration, oppositions filed by third parties, and cancellations or revocations. We prepare and file appeals before administrative or judicial bodies and represent clients in hearings and written submissions.

Patent Litigation

Patents protect technical inventions and are often among a company’s most valuable assets. Our firm advises and represents clients in all types of patent-related disputes, whether before civil courts, administrative bodies, or in coordination with enforcement authorities. We act for patent holders, licensees, innovators, and businesses facing infringement allegations or seeking to challenge the validity or ownership of a patent.

2) Patent Infringement Litigation

We represent patent owners and exclusive licensees in infringement actions against third parties who manufacture, use, sell, or import protected inventions without authorization. Our services include:

  • Pre-litigation analysis and cease-and-desist letters;

  • Emergency measures (injunctions, seizure of infringing products);

  • Full proceedings on the merits seeking damages and permanent injunctions;

  • Cross-border coordination for international infringement cases.

We also defend clients accused of infringement by challenging the validity of the patent, invoking non-infringement, exhaustion of rights, or compulsory licensing rules.

3) Actions for Entitlement (Ownership Recovery)

We act in disputes over the right to the patent, including:

  • Actions by the true inventor to recover a patent filed in the name of a third party;

  • Claims based on breach of employment or research agreements;

  • Cases involving co-inventorship, joint ownership, or misappropriation of technical contributions.

4) Compulsory Licensing and Abuse of Patent Rights

In certain situations, especially when a patent is not being used or is essential for public interest (e.g., health, environment, or technology access), we assist clients in seeking or resisting:

  • Compulsory licenses, granted by a court or administrative body;

  • Claims for abuse of dominant position based on blocking patents or refusal to license.

We also represent rights holders in defending the legitimacy of their exclusivity when challenged under competition or public interest laws.

1) Actions for Invalidity of Patents

We initiate proceedings to obtain the revocation or annulment of patents that do not meet the legal requirements for protection. Grounds for invalidity include:

  • Lack of novelty or inventive step or insufficient industrial applicability;

  • Lack of disclosure or clarity in the patent specification;

  • Subject matter excluded from patentability;

  • Violation of public order or morality;

  • Improper applicant or bad faith filing.

Designs and Models Litigation

Design rights protect the appearance of products — including shapes, patterns, colors, and surface decoration — and are critical in industries such as fashion, furniture, consumer goods, packaging, and technology. Our firm represents clients in all types of disputes involving registered and unregistered designs at national and international levels.

We act for design holders, creators, licensees, and companies seeking to assert or defend their rights against imitation, misappropriation, or unfair exploitation.

1) Actions for Invalidation of Designs

We initiate invalidity proceedings to challenge the validity of design registrations on

grounds such as:

  • Lack of novelty or individual character;

  • Prior disclosure of the design:

  • Functional features excluded from protection;

  • Infringement of public order or morality;

  • Lack of entitlement or bad faith filing.

Invalidation may result in full or partial cancellation of the design registration, allowing third parties to enter the market or

clearing the path for new registrations.

3) Design Infringement Litigation

We assist clients in enforcing their design rights against unauthorized reproduction or imitation. Infringement can occur even if the design is not identically copied, as long as the contested product creates a similar overall impression on the informed user. Our services include:

  • Pre-litigation notices and negotiations;

  • Emergency relief such as injunctions and seizures;

  • Civil proceedings seeking damages and removal of infringing goods from the market;

  • Coordination with IP rights such as copyright or trademarks where appropriate.

We also represent clients accused of design infringement by preparing non-infringement defenses or challenging the validity of the claimant’s design.

3) Actions for Recovery of Ownership

When a design has been filed by a person not entitled to do so, we bring ownership recovery actions on behalf of the true creator or legal successor. These claims may arise from breaches of contract, employment relationships, or unauthorized exploitation of creative work.

We seek transfer of the rights and, where appropriate, financial compensation for unlawful use.

Copyright Litigation

Copyright protects original creations in the literary, artistic, musical, audiovisual, and digital fields. It applies automatically upon creation and does not require registration, which makes enforcement particularly strategic and evidence-driven. Our firm represents authors, rights holders, producers, developers, and licensees in a wide range of copyright-related disputes.

We assist in both civil and criminal proceedings, across traditional and digital platforms.

1) Copyright Infringement Litigation

We initiate and defend copyright infringement actions involving:

  • Unauthorized reproduction, adaptation, or communication to the public

  • Online piracy and unlawful content sharing

  • Use of protected elements in advertising, software, audiovisual works, or designs

  • Exploitation beyond the scope of licensing agreements

We seek injunctive relief, damages, destruction or recall of infringing content, and criminal prosecution where appropriate.

We also assist in defending allegations of infringement by demonstrating absence of copying, fair use, or independent creation.

2) Moral Rights and Authorship Claims

Authors retain moral rights over their work, regardless of the economic rights transferred. We represent clients in asserting or defending moral rights such as:

  • The right to be recognized as the author (paternity)

  • The right to object to distortion or mutilation of the work (integrity)

  • The right to withdraw or modify the work in some jurisdictions

We act in disputes involving unauthorized alterations, failure to credit authorship, or misrepresentation of origin.

3) Actions for Ownership and Entitlement

We intervene in disputes regarding the rightful ownership of copyright, particularly when:

  • A work was created under employment or freelance arrangements

  • The original creator was not properly credited or compensated

  • Rights were transferred or licensed under ambiguous terms

We seek judicial recognition of authorship or ownership, restitution of rights, and financial compensation.

4) Contractual Disputes and License Enforcement

We assist in disputes involving:

  • Breach of copyright license agreements

  • Unauthorized sublicensing or sublicensed use

  • Unpaid royalties or improper royalty calculations

  • Termination or renewal of rights under publishing, production, or distribution contracts

Our firm ensures that copyright holders maintain control over how their works are used and monetized.

5) Collective Management and Neighbouring Rights

We advise and represent clients in dealings with collective rights management organisations, particularly regarding:

  • Remuneration for broadcasting, streaming, public performance, or reprography

  • Disputes over registration or distribution of collected royalties

  • Neighbouring rights of performers, producers, and broadcasters

We also represent clients in litigation involving unjustified collection or refusal of payments.

6) Copyright Enforcement on Digital Platforms

We represent clients in enforcing their rights in the online environment, including:

  • Takedown requests under digital services regulations (such as the DMCA or EU Digital Services Act)

  • Online marketplace enforcement and counterfeit monitoring

  • Disputes with hosting providers, platforms, or aggregators

  • Legal notices and escalation when automated enforcement tools fail

7) Strategic and Cross-Border Copyright Protection

We provide tailored strategies to enforce and protect copyright assets, especially for:

  • International exploitation of audiovisual, musical, or literary content

  • Simultaneous enforcement across multiple jurisdictions

  • Coordination between copyright, trademark, and design rights

  • Litigation involving new technologies, AI-generated content, or NFTs