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E-commerce platforms have revolutionized the way business is done, allowing everyone from entrepreneurs to large corporations to earn substantial profits by selling goods and services online. Unfortunately, this often comes with a price for the holders of intellectual property. As e-commerce has grown more expansive and sophisticated, disputes over infringement and theft have become more common. Sometimes these disputes turn into litigation. If you’ve been accused of intellectual property infringement, theft, or other abuse, or your rights have been violated, it’s time to talk with The Keleher Appellate Law Group.
Copyrights and Trademarks
Copyright is the legal protection given to original creative works like pictures, films, books, music, art, and software. The owner of the copyright has the exclusive right to sell, reproduce, and distribute its works. Meanwhile, trademarks are unique and distinctive slogans, names, logos, or symbols that identify a company’s products or services while distinguishing them from others. They allow customers to connect products and services to the trusted companies that provide them.
Examples of E-Commerce Intellectual Property Disputes
Copyrights and trademarks are two major intellectual property rights that are often compromised on e-commerce websites. Some examples of disputes include:
- Passing off another person’s or company’s copyrighted material (e.g. music, movies, or written content) as one’s own
- The unauthorized sale of copyrighted materials online
- Incorporating someone else’s copyrighted or trademarked material into one’s own product and selling it
- The misuse of copyrighted materials in product designs, content, advertisements, or descriptions
- Selling counterfeits of copyrighted or trademarked products on e-commerce platforms
- Advertising goods or services under a trademark without authorization
- Using a confusingly similar slogan, name, logo, or symbol to sell goods or services online
How To Resolve Disputes
Resolving intellectual property disputes in e-commerce first requires documenting the infringement, theft, or abuse. You should learn as much about the seller as possible including its identity and, if it’s a company, its owners. Find out who registered the domain if there is a website connected to the e-commerce platform. Do your research, and then connect with our legal team to dig even deeper. We have the tools it takes to document and prove that infringement is occurring, along with who is behind it.
The next step is to contact the company or individual behind the theft and inform them that you are the legitimate holder of the intellectual property in question. This is best done by an experienced attorney who understands how to properly communicate with parties that infringe upon the rights of copyright and trademark owners. The letter will detail the problem and give the infringing party a reasonable opportunity to remove the product from the platform. Depending on the extent of the problem, the communication may demand compensation.
In some cases, the violating party will dispute your claim (or you may be the party wrongly accused of infringement). The allegedly infringing party may dispute ownership of the trademark or copyright or claim that its actions do not violate anyone’s rights. In a situation like this, you may need to provide documentation to back up your claim, no matter which side of the dispute you are on.
An unresolved dispute may proceed to the point of litigation, in what is known as a Schedule A case. The party alleging infringement will seek a temporary restraining order and/or injunction. On the other hand, the party accused of wrongdoing will seek to lift any asset restraints placed on their account. Out-of-court resolution of the lawsuit, for instance through mediation, is an option our firm will explore with you. We are prepared to handle all aspects of the case, regardless of whether you are the plaintiff or defendant.
Learn More About Our Chicago Intellectual Property Law Practice Today
At the Keleher Appellate Law Group, we know that the best way forward through an intellectual property dispute is to protect your rights while minimizing hassle and expense. Learn more about your legal options by scheduling your confidential consultation with us today.