Product packaging and design can be protected through copyrights, design patents and trade dress.
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.
Last week, the attorneys and staff at Gerben Law Firm celebrated Father’s Day with their families. Now, being trademark attorneys, they found some time to reflect on some dad-related intellectual property disputes. Superman v. Super...dad? Your dad may be capable of some superhuman feats (dad superpowers never sleep) but D.C. Comics doesn’t want your dad [...]
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 [...]
Private-Labeled Goods on Amazon.com: Protecting Your Trademarks and Defending Against Listing Hijacking
By: Eric Perrott, Esq. Amazon can be a cut-throat marketplace where winners and losers are decided by razor-thin margins. Amazon retailers battle each other selling well-known brands’, trying to find a lead on a supplier that can offer them better prices in order to undercut a competitor selling those same branded products. Often sellers wish [...]
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 [...]
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 [...]
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 [...]