Trademark Litigation and Opposition Representation
With the explosion of the Internet, online suppliers and drop shipping, the influx of copycat and counterfeit products into the US continues. Trademark infringement damages market share, misleads the public and provides an unfair competitive advantage. Depending on the circumstances, there are different approaches available to enforce trademark rights. Wagenknecht trademark attorneys assist with:
Amazon & Ebay Takedowns
Trademark Opposition Proceedings
Trademark Cancellation Proceedings
Amazon & Ebay Takedown Requests
E-commerce sites such as Amazon, Ebay and others provide a mechanism for owners of registered trademarks to submit a request to takedown infringing products. Takedown requests are typically handled quickly and can provide a cost effective approach for policing trademark rights.
Trademark Opposition Proceedings - Before Registration
Before a trademark can register, it must proceed through an opposition period - typically 30 days. The opposition period provides the public an opportunity to oppose registration of the trademark. Opposing registration of a trademark requires the opposer provide standing and plead the grounds for the opposition, typically being that the trademark to be registered is confusingly similar to the opposer’s trademark. Opposers cannot pursue monetary damages in the proceeding.
Opposition proceedings are handled outside of court before the Trademark Trial and Appeal Board (TTAB). Oppositions include a discovery phase, which can include depositions, but witnesses do not appear before the TTAB. Rather, testimony is taken outside of the TTAB and submitted electronically.
Trademark Cancellation Proceedings - After Registration
Like opposition proceedings, trademark cancellation proceedings are carried out before the Trademark Trial and Appeal Board (TTAB). Under cancellation proceedings, petitioners seek to cancel the registration of a federally registered trademark. That is, they are filed AFTER trademark registration.
Trademark litigation typically attempts to resolve the question of whether there is a likelihood of confusion between the use of two competing trademarks. That is, whether the typical consumer would be confused between the origin of goods associated with the trademarks. Determining likelihood of confusion is a multi-factor test but typically comes down to the similarity of the trademarks and the similarity of the goods or services.
In some instances, there is no actual infringement of a trademark but the competitor is violating unfair competition laws under federal statute or state business codes. Wagenknecht trademark attorneys represent matters involving: