Trademark Infringement: A Civil Matter

Like copyright infringement, trademark infringement is usually a civil matter, not a criminal one. So while the USPTO does have lawyers responding to trademark applications, the government does not have agents searching for trademark infringement and arresting / prosecuting such individuals. Fortunately, that kind of work is exactly what Web Defense Systems specializes in: searching the internet for trademark infringement and then assisting in whatever steps the client’s legal team recommends we take against the infringer. In addition to the initial step of searching the internet, Web Defense Systems can take all of the following actions on behalf of our client: (1) determine exactly who is behind the trademark infringement, (2) determine the size of their pocketbook so that a decision can be made on whether or not it is cost-feasible to sue them for monetary damages, (3) investigate the scope of their infringement and how much the infringement has cost our client in order to determine the amount the client can sue the infringer for, (4) assist the lawyer in forcing the 3rd party to stop their trademark infringement, (5) and finally, rather than just reactive measures, take proactive measures to prohibit future trademark infringement before it occurs.

Web Defense Systems is much more than just a surveillance company. We also take a multitude of unorthodox steps to protect our client. This demands we have an understanding of intellectual property law that goes well beyond the norm. As an example, Web Defense Systems does not always recommend that our clients officially notify a pirate of trademark infringement. In other words, it’s sometimes better not to notify an infringer even if it’s a clear case of infringement. The reason is as follows: If (1) the infringer receives notification from the trademark holder that they are in violation of the trademark holder’s privileges,and then (2) the infringer does not comply with the client’s request to cease infringement, and then (3) our client decides the infringer is too “small-time” and their actions are somewhat inconsequential and therefore unworthy of a costly lawsuit, then the result is (4) the trademark holder can actually lose the legal right to sue the infringer at a much later date. In other words, a trademark holder can lose the right to sue an infringer if significant time passes between when initial notification of trademark infringement has occurred and a lawsuit is filed. The result of level of expertise is that although we are not lawyers and highly recommend our clients use a skilled IP lawyer, we can act as much more than just a search company, even more than a search and protect company; rather, we have the thorough knowledge of trademark law to be constantly looking out for our clients’ best interests. Click here to contact us.

Disclaimer: The purpose of our “Knowledge Base” documents is to explain the basics of the subject matter in question and to provide some rationale behind the actions that Web Defense Systems might take on behalf of our clients. We are not lawyers, and the preceding information should not be used in lieu of legal advice.