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One of the most frustrating aspects of doing business in a globalized economy is the risk that someone might flood your market with foreign knock-offs. Parties in the U.S. and overseas frequently violate patent and trademark rights in pursuit of a quick buck. How do you protect your rights, though? You may need to take the following legal steps.
Investigation and Documentation
The first thing a patent or trademark attorney will want to see is evidence to support the claims of infringement. In patent cases, you can look at official announcements of designs, videos and pictures of alleged prototypes, and hands-on evidence from reverse engineering the product. Trademark cases can include advertisement materials, box art, website captures, and even letterhead.
You also want to document the violations and where they're happening. If you see a misuse of your trademarks in a placement ad on a website, for example, a trademark attorney will want you to get a screen capture and data like the date and placement site.
You may also need to track down the offenders by placing orders or otherwise communicating with them. However, you shouldn't begin direct interactions until you've discussed your options with a lawyer. They may handle the work from their office or hire a private investigator.
Demand Letters
Your first legal action against the offending parties will be to send demand letters. These will state your claims to the trademarks or patents in question. Likewise, they'll state what the offending party needs to do to make the situation right. In many cases, a cessation of offending usage is sufficient. However, if the offense is extreme, you might demand damages, too.
Many companies also send letters to third parties. If an offender is using a particular shipping firm, tell them to cease dealing with the folks that are importing the knock-offs.
Once more, don't send do anything without the support of counsel. Even if you're confident in your ability to write a demand letter, the law firm's letterhead will make a better impression.
CBP Complaints
Patent and trademark holders can also identify points of entry for offending articles. You can then file complaints with the Customs and Border Patrol office. This will warn them to be on the lookout for any shipments bearing your trademarks or any of the identifiers of the offenders.
Whenever possible, try to supply images of the offending materials in as many variations as possible. Also, name names when it comes to transportation companies and other third parties participating in the process. Your trademark and patent attorney may also recommend filing a criminal complaint.
Share25 January 2023
