Tag Archives: Internet Trademark Infringement

Trademark Infringement in Keyword Search Advertisement

Trademark Infringement in Keyword Search Advertisement

Web searches are the primary method used for finding goods and services on the Internet.  Businesses frequently compete for the best search engine positions.  Some may try to use a competitor’s name or the name of the competitor’s product as a keyword for keyword search advertisement purposes.  As your online trademark infringement lawyers, we provide you advice on how to protect your Intellectual Property against all Internet based trademark infringement, particularly trademark infringement arising from a keyword search advertisement campaign.

Can a business use its competitor’s name and/or trademark as a search keyword without engaging in online trademark infringement?

A trademark infringement lawyer with our firm will assist you in determining whether a business’ use of a trademark, trade name, or products as a search engine keyword qualifies as Internet trademark infringement. We diligently assist our clients in the prosecution of those who infringe on your trademarks online.

If you have been accused of Internet trademark infringement or if your website has been removed from search engine listings based on a claim of trademark infringement, we can assist you in protecting your rights against the claims asserted by a competitor, perhaps through a cease and desist letter by an intellectual property and trademark infringement attorney or through formal legal action.  It is our job to explain the benefits and drawbacks of specific strategies, it is yours to decide which one to choose, based on your needs, the costs of each alternative, and a sound risk/reward analysis.

Cyber Squatting

Cybersquatting

Cybersquatting occurs when the cybersquatter registers a domain name in bad faith in violation of the rights of a trademark owner.  A domain name infringement and trademark infringement attorney with our firm is an expert in obtaining or recovering domain names from cybersquatters through the application of the Anti-Cybersquatting Consumer Protection Act (ACPA).

The ACPA protects trademark owners from Internet trademark infringement. To maintain legal action under the ACPA, the complaining party must show that the domain registrant had a bad faith intent to profit from the trademark owner’s trademark and that the registrant registered or used a domain name identical or confusingly similar to the trademark.

Whether a cybersquatter has registered a domain name containing your trademark or whether you are accused of being a cybersquatter, our domain name registration lawyers and cybersquatting attorneys are prepared to defend your rights, protect your trademark, and assist you with all your Internet Law, Internet Trademark Infringement Law, or Domain Name Law issues.

Trademark Infringement in Meta-tags

Website Meta tag Trademark Infringement

Businesses frequently compete for the best search engine positions.  Some may try to use a competitor’s name or the name of the competitor’s product as a website meta tag.  As your online trademark infringement lawyers, we provide you advice on how to protect your Intellectual Property against all Internet based trademark infringement, particularly trademark infringement arising from meta tag use.

Does the use of another’s trademark as a meta tag constitute trademark infringement?

A trademark infringement lawyer with our firm will assist you in evaluating the scenario to determine whether a use of a trademark in Internet meta-tags qualifies as trademark infringement and how to address this potential trademark infringement situation to properly protect your Intellectual Property rights. We expertly and diligently prosecute those who infringe on your trademarks online.

If you have been accused of Internet trademark infringement or if your website has been removed from search engine listings based on a claim of trademark infringement, we can assist you in protecting your rights against the claims asserted by a competitor, perhaps through a cease and desist letter from an intellectual property and trademark infringement attorney.

Trademark

Trademark

A Trademark identifies your company’s goods from the goods of your competitors or other third parties. Trademark Registration allows you to keep your competitors from using your company or product name, symbol or design.

When you register a Trademark, you are legally presumed to be the owner of the mark and you can stop others from using a name that is confusingly similar to your trademark. Additionally, registration of your Trademark allows you to obtain up to three times the amount of your losses if you have to sue for infringement of your registered Trademark.  However, registration is not required in order for you to be able to maintain a cause of action for trademark infringement.

Internet trademark infringement occurs frequently in domain name registration, meta tags, and keyword search advertising. As your cyber trademark lawyer, we provide you advice on how to protect your trademark rights against Internet trademark infringement.  Some instances of Internet trademark infringement include:

Trademark Infringement in Domain Names, Cybersquatting, and Cyber-piracy

Trademark Infringement in Meta Tags

Trademark Infringement in Keyword Search Advertising

We are your Internet trademark infringement attorney, Internet trademark lawyer, Cybersquatting legal counsel, cyber-piracy legal adviser and trademark law professional.

Domain Names

Domain Name Dispute Lawyer

Our domain name lawyers assist our clients with issues pertaining to domain name laws. The laws applying to domain name issues and domain name disputes are specialized and it is best to get advice from an experienced domain name lawyer. As domain name attorneys, we regularly advise our clients about complex domain name issues. Some of these include:

The Truth in Domain Names Act – This act forbids the use of a misleading domain name to: 1) trick a person into viewing content that is obscene; or 2) trick a minor into viewing material that is harmful to minors. Our Internet lawyers and domain name attorneys are there to assist you should you have legal problems with the authorities, your domain name registrar, or your affiliates.

Trademark Infringement in Domain Names, Cybersquatting and the Anti-Cybersquatting Consumer Protection Act – A Cybersquatter is a person who registers a domain name in bad faith in violation of the rights of a trademark owner. The Anti-Cybersquatting Consumer Protection Act (ACPA) further protects trademark owners. An action under the ACPA requires a showing that a domain registrant had a “bad faith intent to profit” from the trademark owner’s trademark and that the registrant registered or used a domain name identical or confusingly similar to the trademark. Whether a cybersquatter has registered a domain name containing your trademark or whether you are accused of being a cybersquatter, our domain name lawyers and cybersquatting attorneys are prepared to defend your rights, protect your trademark, and assist you with all your Internet Law or Domain Name Law issues.

The Uniform Domain Name Dispute Resolution Policy (UDRP) – The UDRP is an arbitration process which provides an alternative to the filing of a lawsuit in order to facilitate the resolution of domain name disputes. To prevail in an UDRP proceeding, a complainant must prove that 1) the domain names are either identical or confusingly similar, 2) that the registrant has no legitimate interest in the name, and 3) that the registration and use of the domain name is in bad faith. The procedure is overseen by the Internet Corporation for Assigned Names and Numbers (ICANN). Effective UDRP legal representation requires the expertise of an effective and experienced domain name lawyer. Our domain name attorneys understand domain name law.

For example, recently we assisted a client who had build and maintained its trademarks for many years.  The trademark consisted of an original and creative name.  A corporation registered the domain name and was using it for an informational site containing advertisements for a competitor.

We are domain name lawyers, UDRP attorneys, cybersquatting lawyers, and domain name law consultants.

By Dom Rivera

Trademark Infringement

Internet Trademark Infringement

Businesses spend significant time and resources creating, marketing, and promoting their and logos as well as the names and logos of their products.  Attorney Domingo J. Rivera and the other Internet lawyers from our firm understand that When a business creates a website, the logos and unique marks developed by the business are easily exposed for others to download, use, and in many cases utilize to compete against the owner of the trademark or trade name.

Similarly, cybersquatters may register domain names containing a business’ trade name or trademark. These domain name cybersquatters may intend to profit from the brand recognition, create customer confusion to promote competing products, or simply want to sell the domain name to the trademark owner for a profit.

In addition to trademark infringement in domain name registration, online trademark infringement occurs frequently in domain name registration, meta tags, and keyword search advertising. As your online trademark infringement lawyers, we provide you advice on how to protect your Intellectual Property against all Internet based trademark infringement.  Some instances of Internet trademark infringement include:

Trademark Infringement in Domain Names, Cybersquatting, and Cyber-piracy – Internet trademark infringement may occur as a result of the registration of a domain name in violation of the rights of a trademark owner.  Our trademark infringement attorneys can assist you in protecting your trademark rights from cybersquatters and cyber-pirates and can also assist you in recovering your domain name.

Trademark Infringement in Meta Tags – What happens when a website owner uses another entity’s trademarks as meta tags? Is it trademark infringement? We frequently handle issues of Internet trademark infringement resulting from the use of a trademark as a meta tag. A trademark infringement attorney with our firm will assist you in evaluating the situation and stopping the infringing conduct.

Trademark Infringement in Keyword Search Advertising – Web searches are the primary method used for finding goods and services on the Internet. Therefore, online keyword advertising is a very popular and effective method of Internet advertisement. Can a business use its competitor’s name and/or trademark as a search keyword without engaging in online trademark infringement? An Internet trademark infringement can evaluate your particular situation and provide you with sound trademark infringement advice and stop the infringement against your trademark.

Our Internet trademark infringement attorneys assist our clients in stopping Internet trademark infringement and cybersquatting.  We frequently deal with Internet trademark infringement issues, for example:

  • A competitor registered a domain name containing a business’ federally registered trademark.  Intervention from an Internet trademark infringement and cybersquatting attorney is required to keep the competitor from stealing the business’ Internet traffic.
  • A competitor utilized a registered trademark as an Internet search engine keyword.  The assistance of a trademark infringement attorney is necessary to keep the competitor from obtaining Internet traffic rightfully belonging to the trademark owner.
  • A business receives a cease and desist letter accusing it of Internet trademark infringement.  The trademark in question is not unique and should have never qualified for trademark protection in the first place.  An Internet trademark lawyer intervenes to stop the bullying and idle threats of litigation against the business.
  • Our client was the owner of a trademark for a product that the corporation sold online.  A prospective competitor initiated a campaign of using our client’s trademark to falsely criticize the effectiveness of the product in the eve of launching a competing commercial product.
  • A business’ website is removed from the major search engines as a result of false accusations of trademark infringement.  Prompt action is required to secure the survival of the business.

When you need the services of an Internet trademark infringement attorney, Internet trademark lawyer, cyber squatting lawyer, cyber-piracy legal practitioner… we understand Internet trademark law.