Help your clients protect their intellectual property and enforce their rights in halting the sale of counterfeit and infringing goods.
As the internet has become global in scope, nefarious actors such as counterfeiters have expanded their operations beyond traditional outlets such as flea markets, street corners, and mall kiosks. Online counterfeiters are difficult to identify, receive payments digitally, operate across numerous digital locations, and they are able disappear with ease. They also benefit from some of the same technological advances utilized by brand owners, including search engine optimization, the use of images pasted from legitimate digital locations, and the temptation of retailers to host sellers who generate revenue. This topic helps identify steps that brand owners can take, either with new brands or established ones, to register, monitor, and enforce their valuable trademark and copyright rights in the setting of cyberspace.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Trademark Registration Basics
- Registration Requirement for a Counterfeiting Claim
- Counterfeiting vs. Infringing Conduct
- State and Federal Registration Options
Online Counterfeiting Basics
- Why Counterfeiting Is an Issue (to a Brand Owner and to the Public in General)
- How to Track Online Counterfeiting Issues
- Trademark Watch Programs
- Online Monitors (Outside Vendor or Site Owner Programs)
- Registering Marks With Online Retailers' Anticounterfeiting Programs
- Identifying Online Retailer and Website Host Policies for Dealing With IP Infringements
- UDRP If Registered Brand Also Appears in Domain Name Hosting Counterfeiting Operation (i.e., Not on a Third-Party Retailer Site)
- Register Trademarks/Copyrights With Customs to Stop Flow of Product Across Border (Free Policing)
Prelitigation Takedown Options
- Reporting Directly to Retailers and Seeking Seller Identifications in the Case of Third-Party Retailers
- Filing UDRP to Shut Down the Domain, If Applicable
- Contact Website Host in Case of Direct Sales by Counterfeiter (Use DMCA If © Available)
- Cut off the Funds (Paypal®, etc.)
Enforcement Through Litigation
- Counterfeiting/Copyright Infringement Lawsuit
- Law Enforcement If Criminal Interest Piqued
- Injunctive Relief
Public Examples and Best Practices for Brand Owners
- Illustrative Cases
- Belt and Suspenders - ™ and ©
- Foster and Maintain Relationships With Law Enforcement
- Pay Me Now or Pay Me Later
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on August 26, 2021.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
David Friedland
Friedland Vining
- Managing Shareholder, Friedland Vining, an IP boutique based in Miami, Florida
- Practice focuses solely on intellectual property – transactions, agreements, enforcement, dispute resolution
- Over three decades of legal experience entirely focused on intellectual property law
- Practice encompasses all aspects of intellectual property law including domestic and international enforcement of intellectual property rights
- Has tried several bench and jury cases in District Courts throughout the country and has also presented oral arguments in a number of Appellate Courts
- Has also been engaged in dispute resolution as a mediator, arbitrator, and Special Master; in these roles, he is able to apply skills developed through his transactional and litigation practices to help parties negotiate, compromise, and resolve intellectual property law disputes; in particular, he has been appointed as a Special Master before both the District and Bankruptcy Courts of the Southern District of Florida
- Actively involved in key industry associations, including the American Bar Association, American Intellectual Property Law Association, and the International Trademark Association, where he is a member of the Panel of Trademark Mediators and the Alternative Dispute Resolution Committee
- Admitted to both the State Bar of Georgia and The Florida Bar and is registered to practice as a patent attorney before the United States Patent & Trademark Office; he is also a Florida Bar certified Intellectual Property attorney
- Multiple speaking engagements on anti-counterfeiting, use of copyrights for logo protection, dispute resolution
- Author of various publications covering topics such as grey market goods, computer software patentability, trade dress and design patent comparisons, and dispute resolution
- Admitted to practice in Florida and Georgia and before the USPTO
- J.D. degree and B.S degree in engineering (computer and information sciences), University of Florida
- Can be contacted at 305-777-1725 and [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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