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Trademark Enforcement

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As a trademark owner, one of the most important decisions you can make is whether you are going to effectively protect your trademark against third-parties. It can be a hard decision, but every trademark owner should have an enforcement plan in place to deal with copycats, infringers, counterfeiters, and any other third-party that may damage a trademark. Trademark enforcement comes in many shapes and sizes and an experienced trademark attorney can help you develop a plan for your business’s budget that fits your business’s specific needs. Effective enforcement can be the difference between a strong, lasting trademark and a forgettable, short-lived brand. Contact one of our attorneys today for a free consultation!

Trademark Enforcement Service Types

Gerben Law Firm offers enforcement services that meet individual client needs. Don’t see what you need,  please contact our office for a free consultation.

Cease-and-Desist Letters

An effective cease-and-desist letter puts the infringing party on notice of the infringement and lays out the factual and legal basis for the claims. An experience trademark attorney will do this while keeping in mind the specific and unique facts of each client. Sometimes that might be a strong, forceful letter meant to make a statement to the infringer. Other time it may be a friendly and understanding notice to a fellow small-business owner. Gerben Law Firm attorneys strive to find the balance that is right for each client.

Settlement Negotiations

A cease-and-desist letter is just the start of the enforcement process. In trademark law, the number one goal is to stop the infringement from occurring, and that might often be on terms that are negotiated by both sides. For example, it could be as simple as the other side agreeing to stop using a trademark in exchange for your promise not to sue them for past infringement. It could involve a short phase-out period for the potential infringer to sell-off old stock. Having an experience attorney negotiate settlement terms can effectively provide long-term protection for your trademark.

Take-Down Notices

Online marketplaces account for a large portion of the trademark infringement and counterfeiting that occurs in the marketplace today. Many online marketplaces have trademark enforcement protocols for trademark owners to report infringing products. However, in many cases, the online marketplaces are dealing with thousands of these notices a day and an experienced attorney can help you avoid common pit-falls that cause delays and cause lost sales to infringers. Whether its Amazon, eBay, Etsy, Zulily, or even foreign wholesale marketplaces like Ali Baba, an experienced attorney can help you create a customized enforcement plan for your budget.

Trademark Investigations

Sometimes the only way to know more about a potential infringement is to conduct an investigation before taking any action. Our attorneys conduct extensive research using cutting-edge technology to learn more about potential infringement and our staff conducts trademark investigations, including test purchase and pre-textual investigations to help make informed decisions regarding trademark enforcement.

Gerben Law Firm’s Individualized Experiences

Past results do not guarantee a similar outcome. Each case strategy is decided based on the individual client and the specific facts of each case. Contact one of our attorneys for a free consultation.

Cease-and-Desist Letter and Negotiation for Travel Agencies – Gerben Law Firm helped a travel agency specializing in cruises to the Caribbean enforce its trademark against a new agent who was heavily advertising an confusingly similar trademark on her website, Facebook page, and several online event calendars. Gerben Law Firm sent a cease-and-desist letter and quickly negotiated the prompt removal of the infringing trademark from the various websites, which were competing with Gerben Law Firm’s client for search rankings.

Take-Down Notices for Designers and Clothing Retailers – Attorneys at Gerben Law Firm successfully removed over one-thousand (1000+) listings from Amazon, Ebay, Etsy and Wanelo containing artwork stolen from a Gerben Law Firm client. The client is a successful clothing designer whose designs and model photos were being stolen by a wide range of infringers, both domestic and foreign.

Trademark Monitoring and Enforcement in the Pet-Care Industry – Gerben Law Firm assisted a client in monitoring the Federal Register for trademarks that were confusingly similar to the client’s registered trademark in the pet-care industry. After notifying the client that a similar trademark had been filed, Gerben Law Firm was able to reach out to the application’s owner before it had even begun selling its goods and services. Through effective enforcement and monitoring, Gerben Law Firm was able to prevent an infringing use from occurring.

Trademark Enforcement for Gyms and Personal Trainers – Gerben Law Firm assisted a personal trainer in registering her trademark with the United States Patent and Trademark Office. After another personal trainer with the same name began offering services in Florida, the client hired Gerben Law Firm to stop the infringing use. After a series of letter and take-down notices to Facebook, Twitter and the infringer’s web host, Gerben Law Firm was able to effectively stop the infringer from causing irreparable harm to the client’s mark.

Online Marketplace Enforcement in the Apparel Industry – The attorneys at Gerben Law Firm assisted an apparel company in enforcing its rights against counterfeiters who were using the foreign wholesale websites Alibaba.com and Aliprotect.com to sell counterfeit products. Gerben Law Firm was able to successfully remove the wholesale listings and cut the domestic counterfeiters off at the source.

Private-Labeled Goods Enforcement – Gerben Law Firm helped a company selling private-labeled product on Amazon.com in the home goods industry with enforcement against over two dozen (24+) counterfeiters who were selling generic products on its  branded Amazon listings.

Enforcement in the Food Industry – Gerben Law Firm assisted a large spices and flavoring producer with the enforcement of its large portfolio of trademarks, including cease-and-desist letters to infringers, Settlement Agreements, and persistent monitoring of the USPTO database to ensure the strength of the company’s trademark portfolio.

Trademark Enforcement Resources

Gerben Law Firm has written extensively on trademark enforcement issues in various industries. For a free consultation, please contact our office.

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