News & Resources

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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Preventing Counterfeit Trademarks – Part 2: Border Measures

Trademark counterfeiting is a costly problem faced by many businesses. It can mean lost sales as well as irreparable harm to your brand. In part one of this series, I discussed the difference between counterfeiting and trademark infringement. In this article, I will cover remedies that may be available to you if your case involves counterfeit trademarks: preventing foreign-made counterfeit goods from entering the United States. There are two main agencies that can help in […]

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Preventing Counterfeit Trademarks – Part 1: Counterfeiting vs. Trademark Infringement

Is your business selling products on the Internet or in a retail store? Did your business take the necessary precautions to protect your trademarks from infringement or prevent the distribution of counterfeit goods? Counterfeiting and trademark infringement are somewhat similar violations of the law, though the remedies available to the trademark owner differ greatly. So, if someone is using your trademark in commerce, you may wonder if their actions qualify as counterfeiting or just trademark […]

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What Does It Mean to Have a “Merely Descriptive” Trademark?

Many people request that I prepare applications for trademarks that are considered ‘merely descriptive’. When I tell them that the mark is ‘merely descriptive’ and will be difficult to register, they are dismayed and disappointed. To be eligible for a trademark registration through the United States Patent and Trademark Office and receive the associated legal protections, a trademark should be strong and not just describe the goods or services being sold. This makes sense, since […]

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