IP Infringement2024-05-07T10:11:06+00:00
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Introduction to IP Infringement

Intellectual Property (IP) infringement is the unauthorized use or reproduction of protected intellectual property, such as trademarks, copyrights, patents, or trade dress. This practice can have devastating effects on businesses, leading to lost revenue, damaged reputation, and decreased consumer trust. According to a recent report submitted to President Biden, counterfeit and pirated goods traded internationally amounted to as much as $509 billion in 2016, representing a 3.3% increase from 2013. The report also highlights the challenges of enforcing IP rights in foreign jurisdictions, particularly in China, where 95% of counterfeit products and sellers originate. To date, only four U.S. judgments for money damages have ever been enforced in China, making it extremely difficult and expensive for businesses to protect their intellectual property abroad.

Types of IP Infringement

1

Trademark Infringement

The unauthorized use of a registered trademark, such as a brand name or logo, that is likely to cause confusion among consumers.

2

Copyright Infringement

The unauthorized use or reproduction of original, registered works, such as images, videos, or written content. It is important to note that common law copyright is not sufficient to enforce in court.

3

Patent Infringement

The unauthorized use or reproduction of a patented invention or design. Patent infringement cases can be lengthy and expensive to litigate.

4

Trade Dress Infringement

The unauthorized use of a product’s unique packaging, design, or appearance that is likely to cause confusion among consumers.

Case Studies and Success Stories

  • Client A, a fashion designer, discovered counterfeit versions of their products being sold on various e-commerce platforms. Our firm successfully obtained a temporary restraining order to freeze the infringers’ U.S.-based payment processing accounts, effectively stopping the sale of counterfeit goods.

  • Client B, a software company, found that a competitor had copied and distributed their copyrighted code. We were able to secure a favorable settlement, which included monetary damages and an injunction against further infringement.

  • Client C, a manufacturer of consumer electronics, identified a seller offering counterfeit versions of their products on a popular online marketplace. By working with the platform and payment processors, we were able to shut down the seller’s account and recover damages.

  • Client D, a toy company, discovered that a foreign manufacturer was producing and selling counterfeit versions of their patented product. Our firm worked with local authorities to raid the manufacturing facility and seize the counterfeit goods, successfully protecting our client’s IP rights.
  • Client E, a luxury watch brand, found numerous online sellers offering counterfeit versions of their timepieces. By leveraging our expertise in IP infringement and working closely with online platforms, we were able to shut down the infringing sellers and recover substantial damages for our client.

Our Approach to IP Infringement

At AEGIS Law, we handle complex IP infringement cases, with a particular focus on combating counterfeiters’ U.S. operations. Our ever-developing approach involves targeting all aspects of a counterfeiter’s business, including payment processing (PayPal), advertising (Meta), and banking.

We employ unique strategies to combat infringement, such as mining advertising data on Meta and TikTok to uncover false sales data provided by counterfeiters, and targeting manufacturers predominantly located in Shenzhen, China. Our goal is to provide our clients with the most effective and efficient solutions to protect their intellectual property rights.

Resources and Articles

Stay informed about the latest developments in IP infringement and learn more about protecting your intellectual property with our collection of blog articles, announcements, and legal resources.

Contact Us

If you suspect that your intellectual property rights have been infringed upon, don’t hesitate to contact us for a free consultation. Our experienced attorneys are ready to help you protect your valuable assets and navigate the complex world of IP infringement.

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