TerraLex Connections, January 2020 (delivered through Lexology)
LALIVE provides dispute resolution and advisory services on all aspects of intellectual property (IP), including trademarks, designs, domain names, copyright, patents as well as unfair competition.
Our expertise extends to advising on data protection matters, in particular related to e-commerce and the protection of the image and reputation of companies and individuals.
Our IP lawyers also negotiate, litigate and advise clients on all sorts of IP and Information Technology (IT) agreements such as licenses, franchises and IT outsourcing agreements.
Swiss based, we regularly work across borders and are well-versed in multi-jurisdictional matters calling upon our network of specialist lawyers for support in other jurisdictions.
Our lawyers are members of, and are actively involved in, various IP international associations including INTA (International Trademark Association) and AIPPI (International Association for the Protection of Intellectual Property).
We can add value in the following areas:
- General IP advice: We can assist in all matters concerning trademarks, designs, patents, copyright, domain names, company names, personal rights, unfair competition and transactional work (licence & franchise agreements, etc.).
- IP litigation: We have built considerable experience in civil (interim measures and ordinary proceedings), administrative (trademark opposition proceedings, WIPO domain names proceedings, etc.) and criminal (anti-counterfeiting) IP disputes.
- IP prosecution: We assist in securing trademark and design rights, by filing Swiss and WIPO trademarks and designs applications and responding to office actions (i.e. decisions of refusal based on absolute or relative grounds).
- IP due diligence (M&A, etc.) refer to relevant description.
- Art disputes
- Buying and selling art
- Media & reputation
- Pharma & biotechnology
- A large fashion group in civil proceedings in Geneva in order to prevent a third party from using its trademark in Switzerland and cancelling a Swiss trademark which is the basic mark of a WIPO application.
- One of the world’s leading luxury groups in criminal proceedings related to the dismantling of an international network of counterfeit products.
- A Swiss entrepreneur in civil proceedings (both on interim measures and on the merits) initiated by a global major food company claiming that the firm’s client has re-filed an alleged historic lapsed trademark in bad faith. Given that there is no precedent on this particular legal issue in Switzerland, the case is of broader interest.
- An international company active in the defence industry in relation to a wide number of intellectual property
issues reflected in a complex set of contracts governed by Swiss law.
- A Swiss pharmaceutical start-up the creation and management of its trademark portfolio, which includes five trademarks in various countries, both via WIPO and through national applications and involved conducting trademark availability searches worldwide.
TerraLex Connections, January 2020 (delivered through Lexology)
Chronique de jurisprudence suisse, Loi fédérale de droit international privé, Propriété intellectuelleThomas Widmer, 2011
Journal du Droit International, April-May-June 2011, No. 2/2011, pp. 465-468
Le Temps, section Finance, 22 November 2010, pp. 16
Le Matin Dimanche, section Economy, 6 July 2008, pp. 25
International Association for the Protection of Intellectual Property (AIPPI), e-News No. 21, November 2011, pp. 5 & 18
International Association for the Protection of Intellectual Property (AIPPI), e-News No. 31, July 2013, pp. 5 & 13
Swiss Moral Rights permit owner to destroy but no modify house: a recent decision of a Swiss state CourtThomas Widmer, 2013
International Association for the Protection of Intellectual Property (AIPPI), e-News No. 30, May 2013, pp. 4 & 13
Indications de provenance « Suisse »: analyse de la jurisprudence récente et réflexions de lege ferendaThomas Widmer, 2013
sic! Revue du droit de la propriété intellectuelle, de l'information et de la concurrence, 2013, pp. 222
International Association for the Protection of Intellectual Property (AIPPI), e-News No. 28, January 2013, pp. 4 & 11
Made in Switzerland : le projet Swissness bat de l’aileThomas Widmer, 2012
Le Temps, Economie Forum, 17 October 2012, p. 16
“Austin used in 1833 & ever since” trademark deemed misleading in Switzerland for goods not originating from the United StatesThomas Widmer, 2012
International Association for the Protection of Intellectual Property (AIPPI), e-News No. 26, September 2012, pp. 5 & 21
Utilisation d’une marque refusée à l’enregistrementThomas Widmer, 2012
sic! Revue du droit de la propriété intellectuelle, de l'information et de la concurrence, 2012, pp. 169
sic! Revue du droit de la propriété intellectuelle, de l'information et de la concurrence, 2012, pp. 126
Action récursoire et enrichissement illégitime : Brève réflexion sur la hiérarchie des responsabilités au regard de l’art. 51, al. 2 COThomas Widmer, 2015
Revue Suisse de Jurisprudence (RSJ), 111/2015, pp. 339
Thomas Widmer appointed as Innosuisse Special coach in licensing, alliances and M&A
LALIVE opens in London
Thomas Widmer mentioned in the Tribune de Genève in connection with the dispute between the Groupement des Entreprises Multinationales (GEM) and GEM-Geneva En Marche political party
Thomas Widmer to lead working group on Bad Faith Trademarks
Thomas Widmer appointed to the Board of AIPPI Switzerland
Thomas Widmer interviewed on RTS radio on author’s rights surrounding shared press articles
LALIVE consolidates its rankings in Chambers Europe
LALIVE Counsel Thomas Widmer appointed to the Copyright Special Committee of the AIPPI
LALIVE consolidates leading positions in legal directories
LALIVE promotes Thomas Widmer and Laura Halonen to Counsel
The 'responsive, clear and practical' practice at LALIVE has 'excellent capabilities in the field of intellectual property, commercial and contract law', mostly covering contentious trade mark, design, domain name, copyright, patent and unfair competition matters. Another specialism is IT-related work, such as data protection and agreements setting out licences, franchises and outsourcing measures.
Legal 500, Intellectual Property, 2019
Chambers Europe, Intellectual Property, 2017
Lalive’s ‘very good’ team is known for handling trade mark dispute resolution, including litigation and arbitration, and also provides trade mark prosecution services.
Legal 500, Switzerland, Intellectual Property, 2017
Lalive’s ‘very professional’ team is well known for IP dispute resolution, including litigation and arbitration, but also provides trade mark portfolio management, prosecution and advisory services.
Legal 500, Switzerland, Intellectual property (Tier 3), 2016
Lalive provides a wide range of IP services, including the management of global trade mark portfolios and representation before the WIPO, the Federal Institute of Intellectual Property, and arbitral and civil courts.
Legal 500, Switzerland, Intellectual Property, 2014
Chambers Europe, Switzerland, Intellectual Property, 2014