As a business owner, you should ensure that all agreements are in writing. This is important not just for issues relating to intellectual property but for all aspects of your business. Here are a few reasons why. It eliminates incorrect assumptions. Imagine you start...
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Preventing Counterfeit Trademarks – Part 6: Prevent Creation
Certain goods containing trademarks are easier than others to counterfeit. Some of that is due to the nature of the goods themselves, but it also has to do with the manufacturing, packaging, shipping, and handling processes. By putting into effect certain preventative...
Preventing Counterfeit Trademarks – Part 5: Fight Internet Sales
The internet makes it easier than ever for counterfeiters to promote their wares around the world. They don’t have to operate a brick-and-mortar storefront or even appear anywhere physically. Instead, they can hide behind the anonymity that the net provides....
Accused of Trademark Infringement: Do You Have Insurance?
As more businesses use the internet to advertise their goods and services, more business owners are discovering copyright and trademark infringement issues that impact their businesses. People duplicate photos, logos, portions of books, manuals, and websites that...
It Looks Like a Duck, It Quacks Like a Duck, But It… Might Not Be a Duck?
Crystal Broughan is grateful that E. Paul Cuffe, our summer guest blogger and a summer law clerk at Marks Gray, P.A., co-authored this article. Many are familiar with the duck test. It’s a popular reasoning exercise where habitual characteristics are used to identify...
WHOIS Using Your Website Content in Bad Faith? It’s Now Harder to Find Out
Crystal Broughan is grateful that E. Paul Cuffe, a summer law clerk at Marks Gray, P.A., co-authored this article. You may have heard of the European Union General Data Protection Regulation (GDPR), and for good reason. The regulation, effective May 25, 2018, applies...
Preventing Counterfeit Trademarks – Part 4: Civil Litigation
In my last post, I discussed how to pursue criminal enforcement in order to take counterfeit trademarks out of circulation and receive reimbursement. When you go this route, you put your case in the government’s hands. For this reason, many trademark owners prefer to...
Preventing Counterfeit Trademarks – Part 3: Criminal Enforcement
To prevent damage to your brand and your bottom line, preventive measures to stop counterfeit trademarks from entering the US market are often most effective. But what are your options if those false marks have already entered into commerce? One remedy is to pursue...