Tag: infringement
Amazon Brand Registry: What You Need To Know
Amazon recently launched a new, updated Amazon Brand Registry Program, Brand Registry, which helps protects the brands of sellers who use Amazon as a platform to make sales. The whole function and purpose of a brand is so that consumers can readily identify manufacturers and products that they trust. Amazon Brand Registry: New Tools For Amazon… READ MORE
Sued for Copyright Infringement? Three Questions to Ask Immediately
Sued for Copyright Infringement? Three Questions to Ask Immediately Does the Plaintiff Have a Copyright Registration and When Did it Issue? When Did the Alleged Infringement Occur? Worst Case Scenario, What Kind of Damages Are Reasonably on the Table? If you do not regularly get angry letters from attorneys, reading one that accuses you of… READ MORE
Is PayPal Holding Funds? Being sued for Trademark Infringement?
Is PayPal holding funds in your account? They can if you are sued for trademark infringement. If you are an online retailer, here is what you need to know about trademark infringement on ecommerce platforms, and things you should be aware of if you are required to defend yourself from trademark infringement allegations. A Mixing… READ MORE
The 2019 Guide To Avoiding Copyright Infringement
Protecting Your Company From Copyright Issues in 2019 As 2019 begins to swing into gear, it can be a good idea to review your company’s potential liability for copyright disputes and possible copyright infringement issues in order to avoid big surprises later on. Here are a number of issues to think about this year: Avoiding… READ MORE
Digital Millennium Copyright Act and Internet Service Providers
Digital Millennium Copyright Act and Internet Service Providers The Digital Millennium Copyright Act (DMCA) was enacted in 1998 to bring the United States up to date with technology and with international intellectual property treaties. While there are many aspects of the DMCA, one of the most important to web hosts and internet service providers (ISPs)… READ MORE
Meme Stealing and More: 7 Times Someone Sued Over a Meme
Meme stealing may sound like harmless behavior, but recently cases have been filed. Check out these 7 and learn the laws behind creating memes here. Memes are nothing new. In his 1976 book The Selfish Gene, Richard Dawkins noted the primitive nature of the rapid spread of ideas, or memes, in a people group…. READ MORE
Is Someone Illegally Using Your Trademark? The 8 Factor Trademark Infringement Test
The trademark infringement test is an umbrella term for several factors that courts use to assess confusion. The court will analyze and weigh each factor, determining if consumers in the marketplace are likely confused by both brands’ marks when they compete with one another–marketplace context being key here because it varies depending on case facts!… READ MORE
What is Contributory Trademark Infringement?
How does Amazon avoid being held liable for trademark infringement? We can find some answers by examining a case recently filed by Daimler AG, maker of Mercedes-Benz cars, against Amazon. Daimler is alleging direct trademark infringement and unfair competition, but the case will inevitably deal with the legal doctrine of contributory trademark infringement. Facts of… READ MORE
7 Lessons in Trademarks: Smashburger/In-N-Out Burger Battle Royale
According to recent news reports, fast-food hamburger chain, In-N-Out Burger (“In-N-Out”) has filed a federal lawsuit alleging trademark infringement against Smashburger, another fast-food hamburger chain. The trademark fight is over names for various burgers. The case has an interesting history and provides some useful lessons about trademark procedure and law. In-N-Out was founded back in… READ MORE
Do I Need To Trademark Under State Law?
Many are familiar with trademark registration under federal law. Some may not know that trademark registration is also available under state laws. In general, registering a trademark under state law is unnecessary, but there are some circumstances in which state trademark registration has value – when federal registration is not allowed and when your trademark… READ MORE