Intellectual Property Blog

Why Foreign Attorneys Need a U.S. Partner for Trademark Filings As a foreign attorney or IP professional advising clients on international trademark protection, you're likely familiar with the complexities of cross-border intellectual property law. When your clients need trademark protection in the United States—one of the world's largest consumer markets—they face a mandatory legal requirement that creates an opportunity for professional collaboration. Since August 2019, all

How to Sue Chinese Companies Selling Infringing Products on Amazon in New York and Other U.S. Courts If you're a brand owner whose products are being copied, counterfeited, or infringed by Amazon sellers based in China or other foreign countries, you're not alone. Thousands of U.S. businesses face this challenge every day. The good news? U.S. courts have established clear pathways to assert personal jurisdiction over foreign Amazon sellers who infringe your intellectual prope

Navigating the complex world of intellectual property on Amazon can be challenging. As you grow your business or launch new products, understanding how to protect your creations and respond to potential infringements is crucial. Amazon’s vast marketplace offers incredible opportunities, but it also attracts unauthorized sellers and counterfeiters who may violate your rights. This post will guide you through the essentials of addressing copyright infringement on Amazon, helpin

Domain Name Disputes: Recovering Your Digital Real Estate from Cybersquatters who TypoSquat or Register a Look-Alike Domain In the digital age, your domain name is your most critical piece of digital real estate. Cybersquatting—the bad-faith registration of a domain name that is identical or confusingly similar to your trademark—is a persistent threat. Cyberssquatting may be in the form of a Typosquat, registering a domain name closely similar to yours, or look-alike domain s

Protecting Your Brand's Look and Feel: Trade Dress Infringement A brand is more than just a name or a logo; it is the total image and overall appearance of a product or its packaging. This "look and feel" is protected under trademark law as Trade Dress. Trade dress can include the design of a product, the shape of its packaging, the decor of a restaurant, or the layout of a website. Protecting your trade dress is essential to preventing competitors from copying your unique ma

The TTAB Advantage: Opposition and Cancellation Proceedings Not all trademark disputes end up in federal court. The Trademark Trial and Appeal Board (TTAB), an administrative body within the USPTO, provides a specialized, often more cost-effective forum for challenging the registration of a trademark. The two primary types of TTAB proceedings are Opposition and Cancellation.   1. Opposition Proceedings (Stopping a Mark Before it Registers) An Opposition proceeding is filed wh

The First Sale Doctrine: When Resale is Not Infringement The First Sale Doctrine is one of the most important defenses in trademark law, particularly in the context of e-commerce and distribution disputes. Simply put, once a trademark owner sells a product, they generally exhaust their right to control the subsequent resale of that genuine product. This means that a person who buys a genuine trademarked product is free to resell it without the trademark owner's permission.  

Trademark Litigation Damages: Maximizing Financial Recovery from Infringers While stopping the infringing activity through an injunction is the primary goal of trademark litigation, securing a substantial financial recovery is essential to compensate for past harm and deter future infringement. The Lanham Act (15 U.S.C. § 1117) provides a flexible framework for calculating and maximizing damages, but it requires a sophisticated legal and financial strategy.   The Three Avenue

Navigating Amazon IP Disputes: Takedowns, Counter-Notices, and Seller Defense For e-commerce businesses, particularly those on Amazon, intellectual property disputes move at the speed of the internet. A wrongful or legitimate IP complaint can lead to an immediate ASIN takedown or even account suspension, crippling a business overnight. Navigating Amazon's internal IP enforcement mechanisms requires a specialized legal approach that understands both the law and the platform's

Trademark Dilution: Protecting Famous Brands from Blurring and Tarnishment For truly famous brands, trademark law offers a powerful layer of protection beyond the traditional likelihood of confusion standard: Trademark Dilution. The Federal Trademark Dilution Act (FTDA), codified in 15 U.S.C. § 1125(c), allows the owner of a famous mark to prevent others from using a similar mark, even if the goods or services are completely unrelated and there is no likelihood of consumer co

Anti-Counterfeiting Strategies: Protecting Your Brand's Integrity and Revenue Counterfeiting is a multi-billion dollar problem that poses a direct threat to your brand's reputation, consumer trust, and revenue. An effective anti-counterfeiting program requires a multi-layered strategy that combines legal protection, technological monitoring, and coordinated enforcement. I help brands build and execute comprehensive strategies to combat this pervasive threat.   The Three Pilla

The Power of the Preliminary Injunction in Trademark Cases In trademark litigation, time is the infringer's greatest ally. Every day a copycat operates, they erode your brand's goodwill and confuse consumers. A Preliminary Injunction (PI) is a powerful, court-ordered remedy that can stop the infringing activity immediately at the beginning of a lawsuit, often before the full trial even begins. Securing a PI is a game-changer that can force a quick and favorable settlement.  

Defending Against Infringement Threats: Your Legal Shield Receiving a cease-and-desist letter or, worse, a summons and complaint, can be alarming. However, being accused of trademark infringement does not mean you are guilty. Many claims are based on weak legal grounds, and a robust defense can often lead to a dismissal or a favorable settlement. My first step is to act as your legal shield, immediately assessing the threat and formulating a counter-strategy.   The Three Pill

The Anatomy of a Cease-and-Desist Letter That Gets Results A cease-and-desist (C&D) letter is often the first and most critical step in trademark enforcement. It is a powerful pre-litigation tool that, when drafted correctly, can resolve disputes quickly and cost-effectively. However, a poorly written C&D can provoke unnecessary litigation or, worse, be used against the brand owner. My approach to drafting these letters is rooted in strategic clarity and legal precision, ensu

Suing a Copycat: The Trademark Infringement Litigation Roadmap When a cease-and-desist letter fails to stop a persistent infringer, litigation becomes the necessary path to protect your brand's integrity and market share. Filing a trademark infringement lawsuit in U.S. federal court is a complex, multi-stage process that requires a clear strategy from the outset.   Phase 1: Pre-Suit Investigation and Complaint Filing Before filing, I conduct exhaustive due diligence to ensure

Artificial intelligence (AI) is transforming how we create, innovate, and compete. Yet, as AI-generated content becomes more prevalent, it raises complex legal questions, especially around copyright. Understanding these challenges is crucial for startups, established companies, inventors, entrepreneurs, and Amazon sellers who rely on intellectual property to protect their innovations and maintain a competitive edge. Understanding AI Copyright Issues in Today’s Landscape AI co

Introduction For business owners, an innovative idea is just the beginning. Transforming that idea into a protected asset—a granted patent—is a complex journey that requires specialized legal expertise. While the temptation to navigate the patent process independently might arise, particularly for cost-conscious entrepreneurs, the intricacies of patent law and the demanding nature of the application process make the role of a qualified patent attorney indispensable. This arti

Introduction In today’s visually driven marketplace, a product’s appearance can be as distinctive and recognizable as its brand name or logo. Beyond traditional trademarks, businesses invest heavily in creating unique packaging, product configurations, and even restaurant decor to differentiate themselves and attract consumers. This distinctive visual identity, often referred to as “trade dress,” is a powerful form of intellectual property that can be protected under trademar

Introduction In the realm of intellectual property, the terms “trademark” and “service mark” are often used interchangeably, leading to confusion among business owners. While closely related and governed by the same legal principles, there is a subtle yet important distinction between the two. Understanding this difference is crucial for businesses to properly identify and protect their brand assets, whether they offer tangible goods or intangible services. This article will

Introduction For Amazon sellers, receiving an Intellectual Property (IP) complaint and a subsequent takedown notice can be a stressful and potentially devastating event. Your listing might be removed, your funds held, or even your entire account suspended. While some complaints are legitimate, others can be erroneous or even malicious. Understanding how to effectively respond to an Amazon IP complaint is crucial for reinstating your listings, protecting your account health, a