www.withyking.co.uk

Supporting manufacturing in the South West

17 July 2013

Peter Foskett

“The people we work with at Withy King take the time to understand our business. They've been very flexible and pragmatic commercially as our needs have changed. I never feel like I'm on the clock with Withy King.”

Withy King client

• Contracts with suppliers and contractors – what are they delivering?

• Contracts with customers – manage risk, get paid

• Employee contracts – confidentiality, employee duties

• Intellectual property – identify and protect

Legal issues

• Manufacturer of audio and room management controls • Bought company X because its products would be a good

fit with the manufacturer’s• Insufficient due diligence on the products and the IP and

contract not detailed• What IP had manufacturer obtained? What products? Not

clear• LESSON: proper contract, proper audit and diligence of

what being acquired

Case study 1

• Manufacturer of home fragrances, established brand• Wanted to diversify into perfume – different sector• Filed trade mark applications including for perfume –

challenged by a parfumier because of trade mark conflict on perfume

• LESSON: trade mark clearance searches avoid expensive mistakes

Case study 2

• Manufacturer of products that test flammability of petrochemicals

• Sub-contracted development of testing software. No contract

• Sub-contracted development of website. No contract• Now on the back foot trying to get source code and

IP• LESSON: contracts before money changes hands

Case study 3

Get in touch

Withy King LLP4-6 Newport StreetSwindon SN1 3DX

www.withyking.co.uk