Client Testimonials
"As the UK's fastest growing multi channel integrated communications/contact centre business, it is vital for The Listening Company to work with a law firm that understands our business drivers and business model, from both a commercial and legal perspective, can handle our increasing requirements, and has the expertise and experience to support us in contract negotiations with our clients.
The Waterfront Partnership as a whole and Carole Hailey in particular understand the outsourcing sector so well that they actually fulfil the role of an in house General Counsel, bringing expert contract review and drafting skills to bear, with limited briefing from us; and stand up against our client's lawyers in contract negotiation where necessary, often against firms much larger than themselves. They only spend time on the major issues and translate our commercial objectives into a legal framework.
I recommend them without hesitation."
Trevor Brown, Chief Operating Officer, The Listening Company
Trade Marks & Goodwill
Trademarks can be registered or unregistered. Registered trademarks afford more protection to the trademark owner than unregistered trademarks. Ownership of registered trademarks only gives you rights in the territory where they are registered. In England and Wales, you have two options when registering a trademark - you may register the trademark to give you protection in England and Wales or you may register the trademark as a Community Trade Mark to provide protection throughout the European Community.
You should ensure that any right that you give another party to use your trademarks is contractually limited giving you the right to confirm your agreement to the specific use of the trademarks and to withdraw your consent to their use at any time should you wish to do so.
More general information on Trademarks is contained in the IP Legal Basics section.
Goodwill
Goodwill accrues in your trademarks as they are used by third parties. An example is the appointment of a distributor in a territory in which you do not currently operate. If the distributor manages successfully to build brand image using your trademarks, you are at risk of the goodwill in your brand belonging to the distributor, and in the worse case scenario, you would be unable to use your trademark or to benefit from the goodwill that exists in that territory should you decide to trade there yourself. It is important for contracts to ensure that any goodwill accruing in your trademarks as a result of your business relationships belongs to you.