Trademark Litigation Lawyer

This article focuses on quickly summarizing the key concerns of trademark owners in trademark infringement cases: the amount of damages. Based on relevant provisions of the Trademark Law and judicial practice, the claim and calculation of damages primarily depend on the nature and scope of the infringement and its actual impact on the rights holder. The following are the core methods for calculating damages and related considerations: Methods of Calculating Damages: The Trademark Law provides several main calculation methods, and the rights holder can choose the most advantageous option: Importance of Evidence: The amount of damages depends on the sufficiency of the evidence. The rights holder should collect relevant materials as early as possible, including but not limited to: Furthermore, if the rights holder can prove that the infringement was malicious (such as continuous infringement, counterfeiting of brand names, etc.), the court may award a higher amount of damages to achieve…

This article quickly summarizes the key points to note in trademark infringement litigation. Trademark infringement litigation is a complex and highly specialized legal process involving the protection of trademark rights and the definition of usage rights. Whether the trademark owner discovers their rights have been infringed or is the accused party, understanding the key points in litigation is crucial for protecting their own rights. The following are some key points to pay special attention to in trademark infringement litigation: 1. Determining the Validity of Trademark Rights The foundation of trademark infringement litigation lies in the validity of trademark rights. Therefore, the trademark owner first needs to confirm: Recommendation: Before filing a lawsuit, the trademark owner should thoroughly examine the legal status of their trademark to avoid losing legal protection due to trademark invalidity during the litigation process. 2. Defining the Infringing Act The act of trademark infringement…

This article focuses on quickly summarizing the dilemma of trademark squatting (Part 1): The prevalence of trademark squatting in today's society is quite common. For example, the names of Olympic champions are often squatted on. After achieving outstanding results, athletes like Quan Hongchan and Yang Qian had their names registered as trademarks by multiple parties. Furthermore, trending internet terms often become targets of squatting. For instance, after "Ding Zhen" became popular, 122 trademark registration applications involving "Ding Zhen" were filed within a month; "Mouse Tail Juice" has had 210 trademark registration applications since November 11, 2020; and "Dry Rice Person" has had 142 trademark registration applications from October 23 to December 13, 2020. There are also trending internet terms such as…

This article focuses on quickly summarizing what to do if you discover someone is using your trademark without authorization on their online store. 1. Take Immediate Action: First, take immediate action upon discovering trademark misuse. This includes identifying and recording all relevant information about the infringement, including the infringer's website address, product page, product description, and price. Detailed records are helpful for subsequent legal proceedings. 2. Contact the Infringer: Try contacting the infringer directly and demanding they stop using your trademark. Sometimes, this may be a misunderstanding, and direct negotiation may resolve the issue. When contacting them, remain calm and professional, and keep records of the communication. 3. Send a Formal Notification: If direct contact with the infringer fails, a lawyer's notice can…

This article focuses on quickly summarizing the introduction: The purpose of trademark registration is to protect a company's unique brand identity. However, when a company discovers that its registered trademark has been counterfeited, it should take swift and decisive legal remedies. This article will explore feasible legal remedies from a professional lawyer's perspective when a registered trademark is counterfeited. I. Identifying Trademark Counterfeiting Infringement When a company discovers that its registered trademark may be counterfeited, accurately identifying the infringement is the first step in developing an effective legal remedy strategy. This section will explore the key steps in identifying infringement. 1. Trademark Similarity Comparison First, the company should carefully compare the similarity between the registered trademark and the allegedly counterfeited trademark. This includes comparing text, graphics, colors, etc. Through specialized…

Trademark similarity and trademark infringement: Similar trademarks are not just about whether the words look alike, but about whether consumers would be confused. When companies or brands discover others using similar names, logos, packaging, online store names, or product markings, they often search for similar trademarks, trademark infringement, trademark counterfeiting, and trademark litigation lawyers. Determining similar trademarks requires a comprehensive comparison of appearance, pronunciation, concept, goods or services categories, sales channels, and whether consumers are likely to be confused. (Similar trademarks, trademark infringement, trademark counterfeiting, trademark litigation lawyers, intellectual property rights 02-7709-3611 LINE consultation) In which situations is it advisable to consult a lawyer first? Discovering competitors using similar brand names, logos, or packaging; receiving trademark infringement warning letters, evidence collection letters, or platform removal notices…

This article quickly summarizes the introduction: "Trademark 'cockroaches'" refers to those who exploit loopholes in trademark law by preemptively registering others' trademarks and then charging exorbitant fees to the trademark users. Regarding the iPad trademark 'cockroach' case, I found a very detailed article², and below is my legal analysis of this case: 2012 Trademark Infringement Case: Apple vs. Proview In 2012, Apple Inc. faced a trademark infringement case in China. At that time, a company called Proview claimed ownership of the "iPad" trademark and demanded substantial compensation from Apple. Proview claimed that it had registered the "iPAD" trademark as early as 2000 and in 2006…

This article provides a quick overview of what trademark infringement is and what forms it takes. With increasingly frequent trade and widespread trademark use, trademark infringement is also on the rise. This article will explain in detail what trademark infringement entails. I. What is Trademark Infringement? Trademark infringement refers to any act that, without the permission of the trademark registrant, violates legal regulations and damages the trademark registrant's exclusive trademark rights. Trademark rights, also known as trademark privileges, are the rights granted by law to the trademark owner to control their trademark, including the right to use, the right to prohibit, and the right to dispose of. For registered trademarks, the right to use and the right to dispose require the trademark owner or assignee to use the approved registered trademark on the designated goods or services; however, the scope of the right to prohibit…

This article focuses on the legal battle between band members Wu Qingfeng and others, and their former manager Lin Weizhe, over the trademark rights to "Sodagreen." Lin Weizhe has now announced the abandonment of the "Sodagreen" trademark rights. 1. What is the difference between abandoning and transferring trademark rights? If a trademark owner no longer needs to use a registered trademark to protect their rights, they can submit a written declaration to the Intellectual Property Office to abandon the trademark rights. This written declaration ceases to exist from the date it reaches the Intellectual Property Office. Once a trademark is abandoned, in principle, anyone can use the mark freely. Secondly, a trademark transfer is when a trademark owner transfers the registration of their trademark to another person. The recipient acquires the trademark, and other third parties still cannot use the trademark freely. 2. Can band members directly acquire the Sodagreen trademark rights? Lin Weizhe's music company has already submitted a declaration to abandon the Sodagreen trademark…

This article focuses on quickly summarizing what to do if trademark infringement occurs. What constitutes trademark infringement? Trademark law stipulates that trademark infringement includes the following situations: 1. Using a trademark identical or similar to a registered trademark on the same or similar goods for marketing purposes without the permission of the trademark registrant. This specifically includes the following three situations (Article 68 of the Trademark Law): (i) Using the same trademark on the same goods or services. (ii) Using the same trademark on similar goods or services, which may cause consumers to be confused or misled. (iii) Using similar trademarks on the same or similar goods or services, which may cause consumers to be confused or misled. 2. Using a trademark for one's own or others' use on goods or services identical or similar to a registered trademark without the permission of the trademark owner…