Monitoring your trademark and the surrounding marketplace to ensure that no one else is potentially infringing upon your registration is a key responsibility for any trademark owner. When a potential infringement matter is discovered, however, it may be difficult to determine what next steps are available to you. If you are met with a possible […]
Gerben Law Firm's Trademark Blog
This trademark blog and informational section of the website is meant to provide you with answers to commonly asked questions about trademark searching, filing, and registration.
Letters of Protest: The Basics
How to Report Trademark Infringement
It happens–one day you are surfing the Internet, searching your company and your products, and you stumble across someone using a very similar name or logo that is very close to yours, trying to profit off of the goodwill of your brand. What is the first thing you should do? The first rule of dealing […]
What Can a Trademark Attorney do for Your Business?
If you are a business owner looking to protect your brand, consider working with an experienced trademark attorney. Your attorney will conduct a comprehensive trademark search and also file your application with the USPTO and respond to Office Actions on your behalf. Once your trademark is registered, your attorney can monitor its use and work […]
Top 5 Advantages of U.S. Trademark Registration
A U.S. trademark registration has many advantages, with the most important being that it protects against infringement. A federally registered trademark is also a valuable asset with nationwide validity. It can help customers find you amongst the competition, and it can be a springboard for international registration. As a business owner, you’ve likely invested much […]
Is This Trademark Infringement? ‘Millionaire Reader’ Case Shows Limits to Trademark Law
Not every use of a trademark similar to a previously used trademark is infringement – even if its for the same words and the same goods and services. A case from a Texas federal court emphasizes the need to analyze a potential infringement in depth before attempting to enforce trademark rights.
SCAM ALERT: Trademark Infringement Complaints Regarding Your Domain
by Josh Gerben, Esq. This is a potential threat alert. If you have received an email about intellectual property disputes regarding your domain name, you may be the target of a malicious e-mail. Our office has received several e-mails from multiple client’s in the past 24-48 hours which look as follows: We have received Trademark […]
On-line Copyright and Trademark Enforcement: Why Registration of Your Intellectual Property is Critical
As many successful online entrepreneurs have found out, with success comes copycats, especially on marketplaces like Etsy, eBay, and Amazon. With access to platforms that allow anyone to easily set up an on-line store and sell goods, on-line infringement and counter-fitting of trademarks and copyrights has become a rampant problem. The single most effective step […]
Amazon Hijacking Enforcement Strategies: Sending a Enforcement/Cease-and Desist Letter to Infringing Sellers
By: Eric Perrott, Esq. AMAZON LISTING HIJACKING. This term has become known to any Amazon seller who has seen an infringer take over one of its branded listings with counterfeit or otherwise non-branded items. Often the infringer is undercutting the genuine seller’s prices and selling subpar versions of the product. This is a widespread and […]
How to Protect Your Amazon Store Against Infringers and Product HiJackers
By: Eric Perrott, Esq. As the holiday season approaches, sellers on Amazon.com are preparing for the huge wave of online sales that will likely make up a significant percentage of total sales for the entire year. Tis’ the season, however, for unscrupulous infringers to steal a successful seller’s trademarks and copyrighted works in order to […]
Handling Trademark Infringement Claims on Facebook
Facebook Pages form the backbone of one of the most important social media strategies your business can pursue. Pages are Facebook’s name for dedicated business presences on their site – a place where you can provide company details, information, offers, and more, all in the interest of forming a greater connection with your customers and […]
How to Respond to A Trademark Infringement Notice on eBay
Selling products on eBay can be a very lucrative income source, in fact, many individuals have built entire businesses based around it. The realities of buying and selling online, however, mean that some individuals or businesses may attempt to sell counterfeit or otherwise falsified products bearing the name or logo or a company, even if […]