News & Resources

New Immigration Reform Proposal Could Affect Every Part of Current Policy

Author: Crystal Broughan, Intellectual Property Attorney

Preventing Counterfeit Trademarks – Part 5: Fight Internet Sales

The internet makes it easier than ever for counterfeiters to promote their wares around the world. They don’t have to operate a brick-and-mortar storefront or even appear anywhere physically. Instead, they can hide behind the anonymity that the net provides. Fortunately for trademark owners, the internet can also be a powerful tool in fighting counterfeit trademarks, and many of the remedies it provides can be used in conjunction with and even support civil litigation or […]

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Accused of Trademark Infringement: Do You Have Insurance?

As more businesses use the internet to advertise their goods and services, more business owners are discovering copyright and trademark infringement issues that impact their businesses.  People duplicate photos, logos, portions of books, manuals, and websites that they find on the Internet – but they don’t obtain permission from the original owner of the copyrighted work or trademark. Since business owners are increasingly beginning to understand the value of protecting their trademarks and obtaining copyright […]

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It Looks Like a Duck, It Quacks Like a Duck, But It… Might Not Be a Duck?

Crystal Broughan is grateful that E. Paul Cuffe, our summer guest blogger and a summer law clerk at Marks Gray, P.A., co-authored this article.  Many are familiar with the duck test. It’s a popular reasoning exercise where habitual characteristics are used to identify unknown subjects: if it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck. Unfortunately, this test may not prove helpful when applying […]

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WHOIS Using Your Website Content in Bad Faith? It’s Now Harder to Find Out

Crystal Broughan is grateful that E. Paul Cuffe, a summer law clerk at Marks Gray, P.A., co-authored this article.  You may have heard of the European Union General Data Protection Regulation (GDPR), and for good reason. The regulation, effective May 25, 2018, applies to European Union (EU) members as well as any company that markets goods or services to EU residents, regardless of location. On its face, the regulation’s purpose is understandable – many internet […]

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Preventing Counterfeit Trademarks – Part 4: Civil Litigation

In my last post, I discussed how to pursue criminal enforcement in order to take counterfeit trademarks out of circulation and receive reimbursement. When you go this route, you put your case in the government’s hands. For this reason, many trademark owners prefer to pursue civil remedies. This gives them more control over how aggressively the case is pursued, who is included in the civil complaint as defendants, and when the counterfeit goods are seized. […]

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Preventing Counterfeit Trademarks – Part 3: Criminal Enforcement

To prevent damage to your brand and your bottom line, preventive measures to stop counterfeit trademarks from entering the US market are often most effective. But what are your options if those false marks have already entered into commerce? One remedy is to pursue criminal enforcement. As the trademark owner, you should report the crime to the appropriate state or federal law enforcement authorities. You can learn more about what exactly constitutes a counterfeit trademark […]

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