What is trademark infringement? As a trademark lawyer, I
hear the question all the time. Of course, we, as attorneys working at big law
firms, we tend to think that everyone understands legal jargon. But they don't.
Trademark infringement on the Internet and the World Wide
Web is rampant. There is such a complete explosion of trademark infringement on
the internet as a result of the registration of domain names, or the use of
trademarks on web pages in order to divert customers from the rightful
trademark owner into a competing site or a scam site or a site that has ads up
may have heard that users have registered trademark terms on Twitter, and have
also impersonated celebrities or other brand names. This is a consistent and
ongoing problem for Twitter. The bigger problem, however, is Twitter's
statement with regards to liability and their simple process that is required
to be undertaken if, in fact, you want to have a trademark infringer or an
impersonator removed from their service.
what are these problems? Twitter first requires that any complaint, whether
trademark or otherwise, be submitted from the domain name of the complaining
party. So, for example, if you are an attorney that represents a party that
owns www.something.com, then the attorney must be granted an email address from
www.something.com. This requires the client to provide their attorney with an
Once you identify someone, whom you believe is engaging in trademark infringement on your marks, you need to understand what to do next.
You have several options if you find that some third party is infringing your name or brand mark. The first thing you need to do is assess how serious the claim of infringement might be. An experienced trademark attorney will be able to help you understand the merits of your claim and what possible defenses might arise. It is critical that you fully understand the merits of a potential claim for trademark infringement before sending a notice letter, threat letter, or filing a trademark infringement lawsuit. Asserting rights in a name which you do not truly own, or try to extend your trademark rights beyond what is permitted by trademark law could backfire. Your trademark infringement notice letter could result in a trademark infringement threat letter back against you.
Clients often call with trademark infringement issues. A trademark attorney can help you understand whether or not there is a likelihood of confusion between a third party use and your trademark. Consumer confusion is, of course, the key to proving trademark infringement. In this Trademark Law Radio Show, a trademark attorney discusses:
So, you've determined that someone is infringing your trademark. Now, you need to know whether or not to send a trademark threat letter or sue for trademark infringement.
A trademark infringement lawsuit can be a complicated and expensive endeavor. An experienced trademark lawyer can help you understand whether filing a lawsuit will provide a positive return on investment or is otherwise critical to your trademark protection program.
I’m an experienced trademark attorney, and I’m going to try and help you understand some basics about trademark law.
Trademark infringement is becoming more common as more people turn to the Internet to search, shop and do business online. More companies are displaying their goods and services on web pages. Web site operators are displaying other people’s goods and services on their web pages. More and more people go to the Internet every day for a variety of commercial activities.
There are hundreds of millions of pages loaded each day across the Internet. All of that activity has attracted “Black Hats" who target famous brands and trademarks in order to divert traffic from you and profit off your mark and the good will with your customers.
Trademark Infringement on vanity Twitter URLs have become rampant. While Twitter will sometimes participate in enforcing third party trademarks, the key is to make sure that you have a trademark registration with the USPTO in place, well prior to having to enforce those rights.
"A business’ brand is its greatest asset in driving sales. Not its IP. Not its sales team. Brand. Brand is what gives a customer trust that the product (and service behind it) is worth buying, even when another product is cheaper, easier, etc. Vendors need to invest heavily in their brands (through public relations, for example), and it’s the primary area that lawyers become supremely helpful, i.e., through trademark law. A brand should be earned and protected at all costs."
Our internet law attorneys know as well as anyone that the internet was a game changer for trademark rights. Trademark infringement became as easy as registering a domain name, cutting and pasting a logo or creating a web site. There are numerous organizations working on behalf of trademark owners to protect trademarks on the internet and battle trademark infringement.
Trademark infringement is serious business. If you infringe on someone else's mark, you could get sued for trademark infringement and potentially be liable for injunctive relief, damages, attorney's fees and statutory damages for willful infringement.
RICHMOND, Va., Jul 10, 2008 (BUSINESS WIRE) -- General Cigar Co. Inc. announced today that the United States District Court for the District of Nevada has ruled in its favor, granting its motion for summary judgment, awarding damages and permanently prohibiting the import, marketing, distribution and sale of infringing "COHIBA Caribbean's Finest" cigars and rum. General Cigar prevailed on its claims which held the defendants liable for trademark infringement, dilution, counterfeiting, unlawful importation, unfair competition and cybersquatting. As a result, the court awarded General Cigar a permanent injunction, plus compensatory and treble damages.
Our leading internet law firm has lawyers and law offices in the following locations. Our internet attorneys handle matters and litigation cases throughout the Untied States on a pro hac vice basis, for clients like you from around the world. Speak with an internet lawyer from our law firm today for more information.
Traverse Legal Internet Law - Traverse City, Michigan Office | 810 Cottageview Drive, G20, Traverse City, MI 49684 | (231) 932-0411
Traverse Legal Internet Law - Austin, Texas Office | 106 E. Sixth Street, Suite 900, Austin, TX 78701 | (866) 936-7447
Traverse Legal Internet Law - Los Angeles, California Office | 301 E. Colorado Blvd, Suite 514, Pasadena, CA 91101 | (626) 793-8607
Traverse Legal Internet Law - Encino, California Office | 16830 Ventura Boulevard, Suite 358, Encino, CA 91436-1707 | (866) 936-7447