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.
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.
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 […]