Trademark Litigation Lawyer

In trademark infringement cases, the amount of damages is of great concern to the trademark owner. According to the relevant provisions of the Trademark Law and judicial practice experience, the request and calculation of damages mainly depend on the nature and scope of the infringement and the actual impact on the right holder. The following are the core methods and related precautions for calculating damages: Calculation methods for damages Trademark law provides the following main calculation methods, and the right holder can choose the most advantageous plan: Importance of evidence The amount of damages depends on the sufficiency of the evidence sex. Rights holders should collect relevant information as early as possible, including but not limited to: In addition, if the rights holder can prove that the infringement is malicious (such as continued infringement, counterfeiting of famous brands, etc.), the court may award a higher amount of compensation to achieve a punitive effect. Practical…

Things 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 you are a trademark owner who discovers that your rights have been infringed, or you are a party accused of infringement, understanding the dos and don’ts of litigation is critical to protecting your rights. The following points out some key points that require special attention in trademark infringement lawsuits: 1. Determine the validity of trademark rights. The basis of trademark infringement lawsuits 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 review the legal status of its trademark to avoid losing legal protection due to invalid trademark during the litigation process. 2. Define infringement The core of trademark infringement is to confirm whether the other party...

The dilemma of trademark squatting (1) The phenomenon of squatting is common in today's society, and trademark squatting is relatively common. For example, the names of Olympic champions have been registered. After Olympic athletes such as Quan Hongchan and Yang Qian achieved outstanding results, their names were registered as trademarks by many parties. In addition, Internet hot words often become the target of squatting. For example, after "Ding Zhen" became popular, there were 122 trademark registration applications involving "Ding Zhen" within a month; "Mouse Tail Juice" has been registered since November 11, 2020. From October 23 to December 13, 2020, there have been 210 trademark registration applications; "Ganfanren" has had 142 trademark registration applications. There is also a popular Internet phrase "the first cup of milk tea in autumn"...

I found that someone else was using my trademark without permission in their online store. What should I do? 1. Take Immediate Action First, take immediate action when you discover that your trademark has been misappropriated. This includes confirming and recording all infringement-related information, including the infringing party's URL, product page, product description, price, etc. Detailed records assist in subsequent legal proceedings. 2. Contact the infringing party Try to contact the infringing party directly and ask them to stop using your trademark. Sometimes it may be a misunderstanding and direct negotiation with the other party may resolve the issue. When contacting the other party, remain calm and professional, and keep a record of the communication. 3. Write a formal notice via letter If direct contact with the infringing party is unsuccessful, an attorney's notice may be the next step. This letter…

Introduction The purpose of registering a trademark is to protect an enterprise's unique brand identity. However, when an enterprise discovers that its registered trademark has been counterfeited by others, it should take prompt and decisive legal remedies. This article will discuss possible legal remedies from the perspective of a professional lawyer when a registered trademark is counterfeited by others. 1. Determining the infringement of trademark counterfeiting When an enterprise discovers that its registered trademark may be counterfeited by others, confirming the infringement is the first step to formulate an effective legal remedy strategy. This section will delve into the key steps in identifying an infringement. 1. Trademark similarity comparison First, companies should carefully compare the similarities between registered trademarks and suspected counterfeit trademarks. This includes comparisons of text, graphics, colors, etc. With the help of professional lawyers, you can…

The relevant trademark law refers to "the same or similar registered trademark or previously applied trademark of others for the same or similar goods or services, which may cause confusion and misunderstanding among relevant consumers." The trademark law refers to "the same or similar trademark as the same or similar trademark of others." "Registered trademarks or previously applied trademarks for goods or services may cause confusion and misunderstanding among relevant consumers." This usually refers to the protection within the scope of trademark rights. When a trademark is similar to a trademark that has been registered or previously applied for by others, and the two involve the same or similar goods or services, it may cause confusion and misunderstanding among relevant consumers. Criteria for judging whether there is a risk of confusion or misunderstanding. In general, judging whether a consumer is at risk of confusion or misunderstanding is a comprehensive assessment that requires...

Introduction "Trademark cockroaches" refer to those who take advantage of trademark legal loopholes to register other people's trademarks first and charge high fees to trademark users. Regarding the iPad trademark cockroach case, I found a very detailed article², as follows Here is my legal analysis of this case: 2012 Trademark Infringement Case: Apple vs. Proview In 2012, Apple encountered a trademark infringement case in China. At that time, a company named Proview claimed ownership of the "iPad" trademark and Asking Apple to pay high compensation. Proview claimed that the company had registered the "iPAD" trademark as early as 2000 and transferred it to a company called...

What is trademark infringement? What are the forms of trademark infringement? As trade becomes more frequent, trademarks are used more widely, and trademark infringements are also increasing. What exactly is trademark infringement will be explained in detail in this article. 1. What is trademark infringement? Trademark infringement refers to any behavior that violates legal provisions and damages the trademark registrant’s exclusive right to use the trademark without the permission of the trademark registrant. Trademark exclusive rights, also known as trademark rights, refer to the rights granted by law to trademark owners to control their trademarks, including the right to use, the right to prohibit and the right to dispose of. As far as registered trademarks are concerned, both the right to use and the right to dispose require the trademark owner or the assignee of the trademark right to use the approved registered trademark on the goods or services approved for use; but the scope of the prohibition right is not limited to this, trademark rights...

Wu Qingfeng, a member of Yudingshi, and others, and his former manager Lin Weizhe went to court over the "Soda Green" trademark rights. Now Lin Weizhe has announced that he has abandoned the "Soda Green" trademark rights. 1. What is the difference between abandoning the trademark rights and transferring them? If the trademark owner no longer needs to use the registered trademark to protect his rights, he may give up his trademark rights in writing to the Smart Bureau, and the written expression of intention will be extinguished as of the date it reaches the Smart Bureau. Once a trademark is discarded, in principle, anyone can use the mark for any purpose. Secondly, the transfer of trademark rights means that the trademark owner transfers and registers all his trademarks to another person, and the recipient obtains the trademark, and other third parties are still not allowed to use the trademark arbitrarily. 2. Can group members directly obtain the Soda Green trademark rights? Lin Weizhe Music Club has sent a letter to abandon the Soda Green trademark rights, and the case has come to Chile...

What should I do if a trademark infringement occurs? What is trademark infringement? According to the Trademark Law, trademark infringement occurs in the following situations: 1. For marketing purposes, using the same or similar trademark on the same or similar goods without the permission of the trademark registrant, specifically including The following three situations (Article 68 of the Trademark Law): (1) Using the same trademark on the same goods or services. (2) The use of the same trademark on similar goods or services may cause confusion among consumers. (3) Using similar trademarks on the same or similar goods or services may cause confusion among consumers. 2. In order to provide yourself or others with the same or similar goods or services as the registered trademark, without the consent of the trademark owner, for marketing purposes...