Trademark infringement is a serious matter and must be addressed expeditiously. Ignoring infringing activities, or a cease and desist letter can be a costly mistake.
Your legal rights can evaporate if you do not take action against potential trademark infringement in a timely manner.
Grey Market / Parallel Imports
Grey market goods, also known as parallel imports, are genuine products that are imported into a country that they are not intended for, and without consent from the owner of the trademark or copyright.
Aggressive and timely action is required in order to protect the integrity of a brand and the potential for irreparable harm to longstanding consumer goodwill.
Lever Rule Protection
Lever Rule registration provides businesses with the ability to prevent the importation of grey market goods or parallel imports.
Lever rule protection is best employed as part of a long term brand strategy and brand portfolio management.
Physical or material differences between goods sold in different regions can serve as a strong barrier against infringing activities, MAP violations, and loss of brand control.
The determination of whether a particular use constitutes copyright infringement requires a thorough analysis of the content and the exact manner of its use.
Whether a copyright registration is in place for the content and the exact timing of the registration's filing can also impact your legal rights.
Minimum Advertised Price (MAP) can be an effective method to control the distribution and perception of your brand. Enforcement can often be complex as many e-commerce sites refuse to enforce well established legal principles.
MAP violations are best addressed through a combination of closing distribution loopholes and enforcement of intellectual property rights.
Fair Use Assessments
Ideas may be of substantial value. However, ideas are not eligible for protection under trademark or copyright laws. Concepts must be expressed in a tangible or digital format.
Both trademark and copyright laws provide a fair use exception under specific conditions.
Fair use determinations may be effected by the specific type of content and manner of use, the purpose of the use, and the amount of content used.