Brand Protection Tactics for your Amazon Based Business: Cease & Desist Communications A cease & desist communication is when a trademark holder notifies another seller that they are illegally selling the trademark holder’s products and asks them to stop. When you send this demand, be courteous yet firm. You should give them a certain period…
By Ben Sisario, NY Times – click here for the original article. https://www.nytimes.com/2021/01/08/arts/music/nicki-minaj-tracy-chapman-lawsuit.html For months, the entertainment industry’s legal calendar had an intriguing item on the horizon: a copyright trial pitting Tracy Chapman, the singer-songwriter, against the rapper Nicki Minaj. But that trial is not to be. Late last month, the parties agreed to a…
Brand Infringement Reporting on Alibaba vs Amazon Michelle Maldonado – Okay, gentlemen, thank you once again for joining me in our series about brand infringement reporting on Alibaba vs Amazon. Very valuable information for sellers out there that have brands they want to protect. Who else to talk to about this but CJ and Rob…
Investing in Brand Protection in an Age Ruled by Amazon Faster, more efficient, less costly; the entire retail landscape has changed for brand managers now that Amazon.com secures the vast majority of retail sales in the United States. In an age ruled by Amazon, brand managers must take special consideration of the current ecommerce landscape…
Copyright complaint on Amazon account? File a counter notice. Anthony, a paralegal at our firm, talks about copyright complaints made on Amazon.com and counter notices. As you may already know, a counter notice is only applicable to copyright complaints under the DMCA, which stands for Digital Millennium Copyright Act. A DMCA counter notice is submitted…
The law offices of FERENCE & ASSOCIATES, LLC on behalf of the company Doggie Dental Inc. filed an infringement lawsuit against tons of sellers. The basis of the lawsuit is defendants’ willful infringement of one or more of Doggie Dental’s U.S. Patents, No. 10,477,838 (“Plaintiffs’ Patent” or “the ‘838 patent”). Specifically, by offering for sale,…
SUING THE NFL FOR BASELESS COMPLAINTS We are suing the Dallas Cowboys for making totally baseless complaints against one of our sellers who lost a boatload of money, and he’s not going to take it. So, by the time you are seeing this, this law firm has sued the National Football League, the Dallas Cowboys, and…
Amazon Sellers’ Rights & Baseless Counterfeit Complaints Intellectual property rights complaints are a huge source of suspensions of Amazon’s third-party sellers. When a brand makes an intellectual property rights complaint against a 3rd party Amazon seller and causes an account or listing suspension, the suspended Amazon seller should seek a retraction of that complaint. Specific…
Moshe Allweis talks to you about why it’s important to speak with an attorney if you receive a design patent infringement complaint. In the United States, a design patent is a form of legal protection granted to the ornamental design of a functional item. Design patents are a type of industrial design right. Ornamental designs…
For all online sellers, have you received a false counterfeit claim accusing you of selling counterfeit products? If so, you may be able to seek significant damages from the accuser under a law called ‘defamation per se.’ When being falsely accused of a crime, defamation per se may help you recover damages. When an accuser…
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…
Protecting Merchandise Income 1. Band Name The very first thing that every single band should register is their name. You can trademark your band’s name yourself by going to USPTO.gov. It takes about 6 months to a year to register. It is much easier and faster to protect your merchandise in the future against counterfeiters…
Brand Protection for Musicians’ Merchandise on Etsy Intellectual property law can be confusing but knowing the law can help you protect your brand when selling online. As a venue for artists, designers, and creators, Etsy takes intellectual property rights seriously. As per the company’s intellectual property policy on its website: “Etsy adopted [their] intellectual property…
How To Protect Your Band From Chinese Counterfeiters – Part 2 For a band to begin to protect their merchandise in China and keep counterfeiters at bay, the band must apply for both copyright and trademark protection in China. Using both of these intellectual property rights, the band can protect their logos, lyrics, likenesses, and…
