As an Amazon brand manager, it is essential to understand how the 1st sale doctrine impacts your right to control the unauthorized resale of your products on Amazon.com. The 1st sale doctrine provides that an individual who legally purchases a product (protected by trademark), also receives the right to sell, display or otherwise dispose of…
Amazon Test Buys for Brand Protection – Remove Unauthorized Online Sellers on Amazon Brand managers need to know about test buys and their significance when you’re trying to remove unauthorized sellers on Amazon. A test buy is simply when you purchase an alleged infringing sample product. If you believe an Amazon seller is delivering a…
Brand Protection with Stronger Chinese Contracts: CJ Rosenbaum breaks down intellectual property law in China compared to the United States. Securing your manufacturing is a key ingredient to protect your sales on Amazon.com. Over the last several years, Amazon has made a dramatic increase in its efforts to approach factories in China directly in order…
Amazon Business Brand Protection: Safeguard Yourself to Stop People from Stealing your Sales Friday, May 8 at 12:00 PM ET TO SIGN UP, CLICK HERE. As a brick-and-mortar retailer, selling on Amazon opens up new avenues to gain revenue. This session will identify ways to help move inventory while understanding responsibilities that Amazon expects for its…
“Fair Use” is the use of someone else’s trademark in a way that will not subject the user to liability for infringing the owner’s rights. Fair use is a defense to a claim of trademark infringement. The first type of fair use is known as “classic” or “descriptive” fair use. This is where the trademark…
Richemont International SA et al v. The Partnerships and Unincorporated Associations Identified on Schedule “A” https://youtu.be/geCStMFdCSI Case: 1:19-cv-07908, Jorge L. Alonso, presiding UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION RICHEMONT INTERNATIONAL SA, CARTIER INTERNATIONAL A.G., MONTBLANC-SIMPLO GMBH, CHLOE S.A.S., VAN CLEEF & ARPELS SA, and OFFICINE PANERAI A.G., COMPLAINT: Plaintiffs…
RJ Cherpak is from the trademark team at Rosenbaum Famularo, PC. In this video, he will talk about the application process for trademarks, explain what date of first use is, and the difference between ‘date of first use anywhere’ vs ‘date of first use in commerce.’ Do The Dates Have To Be Verified? You…
RJ Cherpak from the trademark department at Rosenbaum Famularo, PC, explains USPTO merely descriptive marks in these informational videos. Trademark Applications: USPTO marks that are considered merely descriptive. Your trademark application might get rejected for a number of reasons. Near the top of the list of possible rejections is mere descriptiveness. “Merely descriptive” marks do…
RJ Cherpak talks about Trademark Application Filing Fees & International Class Numbers Trademark Application Filing Fees & International Class Numbers TEAS plus applications from the USPTO are the least expensive applications you can file, which cost $225 per class. However, it depends on the class number that the class falls under. So, if there are…
RJ Cherpak talks about applying for a trademark, mainly selecting an attorney. Trademark Applications: Selecting an Attorney Selecting an attorney for your trademark application comes at the end of the process. It comes after filing out specimens, date of first use, etc. When you designate a US attorney, you’ll need their bar membership information: the…
Trademark Applications: How to Handle Office Actions Trademark Applications: How to Handle Office Actions RJ Cherpak talks about common issues he sees with the trademark application process, also known as office actions. Office actions can come for a variety of reasons. They are documents coming from the USPTO issued to an applicant which point out…
CJ and RJ talking about trademark applications under the 1B classification. Trademark Applications: 1B Classification When you file a trademark application under 1B, it’s an intention to use, but you haven’t started using it yet. So what ends up happening, is it makes the procedural aspects of the trademark application a little bit different. When…
Intellectual property attorneys CJ Rosenbaum and David Miller discuss the difference between invalidating a trademark vs. cancellation of a trademark. Invalidating a Trademark vs. Cancellation of a Trademark Trademark cancellation is the legal process of removing a registered trademark from the books. This allows the trademark to be registered by another party. Trademark cancellation is…
When you come up with your own private label, you want to register a trademark. How do you know what your chances are that it will actually be registered? https://youtu.be/BbM0Zvtvwq4 We have clients that come to us who’ve been selling their product for years and they decide they want to register with the USPTO (United States…
