What Happens If a Trademark Is Found to Be Invalid in Litigation?
When a trademark is declared invalid in litigation, the results can reach far beyond the courtroom. A finding of invalidity can erase the trademark owner’s exclusive rights, lead to dismissal of infringement claims, and even open the door for counterclaims or fee recovery. Understanding how courts determine validity and what happens if...
5 Defenses Against Schedule A Claims
In recent years, online sellers, especially those using marketplaces like Amazon or eBay, have seen a rise in trademark infringement lawsuits filed under Schedule A. These cases often involve brand owners suing dozens or even hundreds of defendants at once, accusing them of selling counterfeit or infringing goods.
However,...
How to Handle a Trademark Cease & Desist Letter
If your business sells products, especially through online retailers such as Amazon and eBay, it’s important that you understand your legal obligations and how to handle complaints that could implicate liability on your part. One complaint that many businesses receive is the trademark cease and desist letter. The holders of...
Trademark vs. Copyright: Understanding the Differences in IP Litigation
In the complex landscape of the intellectual property, or “IP”, law, there are two key pillars allowing people to protect ideas as property: trademarks and copyrights. Both are vital tools to protect innovation, creativity, and brand identity, but they operate in distinct ways. Trademarks and copyrights come with their own set...
Beware of Law Firm Impersonators in Schedule A Cases
As scammers become increasingly cunning, a new twist on an old ploy has caught law firms in their tangled web of deceit. The victims of this particular scheme are not selected at random. Instead, the targets are intellectual property firms who file "Schedule A" cases against online retailers accused of trademark...
Another Trademark Infringement Victory
This week, I obtained a win for my client in a trademark and copyright infringement lawsuit. My client is an established online retailer sued for trademark/copyright infringement in the Northern District of Illinois, Opulent Treasures, Inc. v. Corporations Identified on Schedule A. The defendant faced substantial statutory damages approaching $1,000,000 if the...