Trademark Infringement No Win No Fee

[smeone]

Can anyone recommend a firm of solicitors who would tackle a number of trademark infringers on a no-win no-fee basis? That is, their fees and costs to be recovered from the offending companies /shared from the damages awarded or negotiated?

 

[MrMichael]

I don't know of any firms, and would highly doubt whether there were any, who would do this on a no-win, no-fee basis primarily because of the uncertain nature of litigation in this field, and also the difficulty in calculating damages.

 

[smeone]

Thank you both Michaels for the information.

 

[VeryMark]

It is often the case that damages or loss of profits are not recovered in trade mark cases since the matter is usually settled before court proceedings are issued and it is not worth going to court simply to obtain what might be a relatively small sum.

That is not to say that compensation cannot be demanded or, indeed, obtained if you are sufficiently determined and persistent and the infringement is a blatent one.

The best approach might be to negotiate a fixed fee or capped fee for the initial work but, also, if you have a number of infringers, picking the weakest and making an example of them might be a useful tactic too.