Date post: | 14-Apr-2017 |
Category: |
Business |
Upload: | ialci-international-association-of-lawyers-for-the-creative-industries |
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Your Intellectual Property Rights Have Been Infringed:Fight Back!
Your Intellectual Property Rights Have Been Infringed: Fight Back!
Amy B. Goldsmith, Esq.Tarter Krinsky & Drogin LLP
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What rights do you own?
• Trademark• Trade dress• Copyright• Patent• Image Rights
Your Intellectual Property Rights Have Been Infringed: Fight Back!
3Your Intellectual Property Rights Have Been Infringed: Fight Back!
How do you know if infringement has occurred?
4Your Intellectual Property Rights Have Been Infringed: Fight Back!
What has been infringed?• Fake Website
•Products
5Your Intellectual Property Rights Have Been Infringed: Fight Back!
What actions can you take?• Domain Name Infringement:www.yourbrand.comUDRP Proceeding • Infringement:Trademark, Copyright, Patent, Image Rights
1: Who, What, Where, When, How Many?
2: Lawsuit: Injunction and Damages
6Your Intellectual Property Rights Have Been Infringed: Fight Back!
Do UDRP proceedings and lawsuits really work?
• UDRP cases:Hugo Boss Trademark Mgmt: www.hugoboss.clothingCalvin Klein Trademark Trust: www. calvinklein.wang• Trademark cases:Tory Burch vs. Lin & J International Inc.: $38.9 million in damages, $2.3 million in
attorney’s fees for infringing the ISIS Cross
on rings, necklaces and earrings
7Your Intellectual Property Rights Have Been Infringed: Fight Back!
Do UDRP proceedings and lawsuits really work?• Burberry vs. JC Penney: the classic check