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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