Know everything about criminal trademark infringement
Criminal trademark breach is the illegal and unauthorized utilization of some other person’s trademark to cause misunderstanding between the new and duplicate trademark.
Why trademark registration is important and what is meant by criminal trademark infringement?
Trademark registration remains beneficial to a certain extent. It remains helpful especially in conditions of criminal trademark infringement. It is the method of illegally using other person’s trademark intentionally to cause confusion. Most of the businesses spend a lot of money, time and energy for developing trademark to represent their brand. There are specific laws relating to trademark infringement. It helps in safeguarding the investment in a great way. The laws aids to protect customers from considered brand confusion developed by unlawful trademark utilization.
What to do if a person infringing my trademark?
If you find your trademark being used in a way that you did not authorize, it is important to take steps with the assistance of an experienced attorney.
· The main first stage of action is consulting a top attorney. Ensure that the attorney has vast experience in dealing with trademark registration and trademark infringement issues. The lawyer will develop desist and cease letter. The document will be targeted to the violator and it will be clearly mentioned that they are performing illegal activities. The lawyer will also mention why their action is illegal, what possible consequences would be taken if the damages continue to happen.
· In some cases, the desist and cease letter is enough. When you share the letter, the violator will get to know the consequences and stop using the trademark. They may even be unaware of the issue and once they are informed they may stop using the mark. But if the violator does not respond and continue to use your trademark, your attorney has to take some serious legal actions. The attorney will file a legal complaint with the court of necessary jurisdiction and request the judge to grant an injunction. What is meant by an injunction? It is the court order sent to the violator. The document states that the violator has to stop utilizing the protected risk penalties or trademark. Certain courts may also grant attorney and damages fees at the time they issue the injunction when they identify that the violations were mostly egregious or intentional.
Civil remedies in conditions of defilement of trademark
There is a gap in registering a criminal case contrary to the vender of the fake product. Until the conviction time for the crime, the criminal is free to trade and deal with fake products. The owner of the product has to file a criminal case as well as a civil suit where defilement of trademark is done. By establishing a criminal complaint, it is possible to seize the counterfeit product and also civil suit helps in restricting the trading of the same item.
Any owner who finds the trademark been infringed by the selling their counterfeit products, the person can claim reimbursement from the opposite party against the profit that he/she has made by selling the counterfeit product by illegal utilization of trademark that belongs to the proprietor.
Federal crimes which transect with trademark infringement
Pirated goods or counterfeit: Counterfeit and pirated items have chances to intersect with supposed trademark infringement when the trademark has been smeared to the illegal products. Remember, both piracy and counterfeiting are federal crimes. If these issues are the portion of the trademark infringement claim, those suspicions have to be recounted to the right federal organization. The duty protest agent at the FBI or local federal bureau of investigations office would take up your initial complaint. They will also offer an online locator software to assist you in finding the office that is located near to you.
Recurring violations: If in case, you are finding infringing reports as a regular issue, it is recommended to rush to the trademark’s owner. Your lawyer would suggest filing an investigation pursuant. This kind of action is referred to as Section 337 investigation. It refers to the legislation which makes it unlawful to import items which infringe on design and utility patents.
Online sale of pirated goods or counterfeit goods: Trademark violation is associated with the trade of pirated or counterfeit goods online utilizing the trademark. You need to establish a report to FBI IC3 – Federal Bureau of Investigation and Internet Crime Complaint Center.