INTERNET MARKETING

INTERNET MARKETING

INTERNET MARKETING

 

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HANDLING TRADEMARK INFRINGMENTS

 

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According to the U.S. Patent and Trademark Office “Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.” 

 

It is important to stop others from infringing on your trademark.  If you suspect that others have infringe on your trademark take the following steps:

 

Substantiate the violation:  Get a picture of every place where the violation is displayed.  For example, screenshots of websites, marketing materials, product displays, etc.

 

Negotiate:  Attempt to negotiate with the violator.  Attempt to deal with them on a person-to-person basis. 

 

Cease and Desist Letter:  If negotations don’t work out place the violator on notice to stop using the name or logo by issuing a cease and desist letter that is drafted by a Trademark attorney.

 

Sue or Not Sue:  If you consider goin to court consider that doing so could be very expensive.  Additionally, if you don’t win you’re still incur the court cost.  If you do win, the amount awarded to you may not be worth the cost of bringing the case in the first place, and it could be difficult to actually enforce the order to get the defendant to pay up.

 

Out Compete Them:  If no other approach work to stop someone from violating your trademark, one option you can use is to out compete them.  This will ultimately force them to close up shop.  Educate your consumer base about the infringement.  Demonstrate the superiority of your product versus the knock off.  Let the consumer know that they’re getting a better product if they buy yours, even though it may cost a little more.

 

 

 

 

 

 

 



 

 

 

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