Author Archives: John DiGiacomo

Yes, U.S.-based and licensed trademark attorneys can send cease and desist (“C&D”) letters internationally. Care must be taken, however. The owner of the trademark asking for a C&D letter to be sent must be able to verify ownership of the trademark. Further, it is best that the trademark in question is registered with the U.S. […]

Broadly speaking, a trademark is a specific “thing” and also a set of legal rights. As a “thing,” a trademark is something in particular — like words, marks, color, a design/logo — that is used as an indication of the commercial source of goods or services. By definition, trademarks do not exist “free-floating” out there […]

In today’s marketplace, nearly every business has some aspect of their business that relates to the internet and web-based platforms. Some businesses are almost entirely web-based like online retailers, online service providers (like telemedicine and streaming), distributors, sellers on marketplace websites like Amazon, online platform providers, etc. Others may operate a hybrid business involving a […]

To register a trademark, an application for registration must be filed with the U.S. Patent and Trademark Office (“USPTO”). When an application is filed and the filing fees paid, at that time, the USPTO assigns a unique number to the application. This is the trademark’s “serial number.” If you need legal assistance with a trademark […]

Yes, an Amazon Seller Defense Lawyer can be used to resolve an Amazon A-Z claim. But, a good legal defense must be started almost immediately because of the very short window of time for an Amazon seller to address the customer complaint. There may be as little as two or three days to respond to […]

If you have created original works of authorship and they have been stolen, you will need to hire top-rated and experienced copyright defense litigators. You will need a consultation with those copyright attorneys to determine if litigation should be filed immediately. Having copyright-protected works of authorship “stolen” can come in a variety of forms. Content […]

A trademark is something like words, phrases, logos, designs, marks, etc., that are placed on a product or used in advertising/marketing that identify your company as the commercial source of the goods or services. Trademarks are intangible property — that is, intellectual property. As property, trademarks are protected by statutory law and by Anglo-American common […]

With a proper foundation according to the Rules of Evidence, social media posts are evidence in both civil and criminal cases. The Rules harken back to old forms of communication like paper letters exchanged or mailed through the various postal services. What a person might have written to a co-conspirator on paper is no different […]

Copyright law firms engage in the practice of and provide legal services related to copyright law. Copyright law is mostly based on federal law; that is the federal Copyright Act. But there are also some state-level copyright statutes, and there is a general body of common law copyright standards and rules established by collective reported […]

In some circumstances, the U.S. Patent and Trademark Office requires that a person seeking to trademark a business name have a lawyer. The USPTO is the agency that handles the filing of trademarks. This is more accurately called the “registration” of trademarks. Mostly, the circumstances where a lawyer is required involve an owner of a […]