Hello!
Last week, Senator Leahy along with a host of other co-sponsors, introduced SB 3804: Combating Online Infringement and Counterfeits Act. This Bill gives the Attorney General authority to seize domains of infringing websites if it is proven the sites are totally dedicated to Intellectual Property infringing activity. The Bill defines infringing activity as: websites that provide access or offer for sale unauthorized copies of copyright protected material or any website that sells or distributes good or services bearing a counterfeit mark in violation of a trademark's owner exclusive right to use the mark. Specifically this Bill is targeted to websites that sell counterfeit goods for luxury items such as designer purses, watches, jewelry and shoes.
This Bill also gives Internet Service Providers (hosting companies, domain registrar, etc.) the right to shut down the infringing site and provides immunity to the ISPs for doing so. The Bill also allows the Attorney General to prevent a website that is non-domestic from conducting business in the U.S. and prevent the importation of infringing goods and services. The Attorney General will also keep a list of infringing websites or domains available to the public via online.
Results?
As evidenced, Intellectual Property Infringement is rampant on the Internet. Intellectual Property owners spend considerable amounts of money defending their Intellectual Property through DMCA take down requests, cease and desist demand letters, TROs and IP Internet Monitoring Services. However, sometimes these efforts may stop infringers for a moment, but if they are highly organized, they re-group and infringe again. This is particularly relevant when it comes to counterfeit goods. This bill allows the Attorney General to combat online infringement at the source.
The Bill has been referred to Committe and should be up for a vote soon.
Do you think this is a step in the right direction in stopping online Intellectual Property Infringement?
Showing posts with label trademarks. Show all posts
Showing posts with label trademarks. Show all posts
Thursday, September 30, 2010
Thursday, June 11, 2009
Understanding USPTO Office Actions
Hello!
Welcome Back! Posting was kind of slow this past week because my MAC is in the shop getting a much deserved upgrade!
Understanding USPTO Office Actions can be a very daunting tasks for a non-attorney. Office Actions are drafted by USPTO attorneys and set forth the legal status of a trademark application. Thus the Office Action contains a lot of legalese, i.e., rules, laws, etc. that may need interpretation and sometimes further research and explanation. Understandably, an individual who filed their application without an attorney can be intimated and confused. There are several types of Office Actions. However, I will address the two types I encounter the most.
Office Action: An USPTO examining attorney informs the applicant of any conflicts with another trademark. Also an examining attorney may address issues such as whether the trademark is valid under US trademark law or the sufficiency of submitted specimens. An applicant has 6 months to respond to the Office Action and to correct or address each issue raised. If each issue is not addressed and appropriately remedied within the 6 month time frame, then the application will be abandoned.
Priority Action: An USPTO examiner will issue this action after consulting with the applicant or the applicant's attorney regarding specific requirements that have to be met before the application is approved for publication. If the requirement is not met, the application will be abandoned. However, if the applicant responds within 2 months, the application is given priority processing.
If you are a business or individual who receives one of the above actions, and have no idea how to respond, it is very important to obtain legal assistance. If an applicant does not address all of the issue and/or does not respond within 6 months, the applicantion can be abandoned. I obtain many clients who are near the abandonment stage or their application has been abandoned because they did not answer the Office Action correctly. Fortuantely, if an application is abandoned, the USPTO does allow the applicant to Petition the USPTO to revive the application. The cost is $100 and must be received within 2 months after the abandonment takes effect.
As always I welcome your thoughts. And please if you have a question, please ask.
Welcome Back! Posting was kind of slow this past week because my MAC is in the shop getting a much deserved upgrade!
Understanding USPTO Office Actions can be a very daunting tasks for a non-attorney. Office Actions are drafted by USPTO attorneys and set forth the legal status of a trademark application. Thus the Office Action contains a lot of legalese, i.e., rules, laws, etc. that may need interpretation and sometimes further research and explanation. Understandably, an individual who filed their application without an attorney can be intimated and confused. There are several types of Office Actions. However, I will address the two types I encounter the most.
Office Action: An USPTO examining attorney informs the applicant of any conflicts with another trademark. Also an examining attorney may address issues such as whether the trademark is valid under US trademark law or the sufficiency of submitted specimens. An applicant has 6 months to respond to the Office Action and to correct or address each issue raised. If each issue is not addressed and appropriately remedied within the 6 month time frame, then the application will be abandoned.
Priority Action: An USPTO examiner will issue this action after consulting with the applicant or the applicant's attorney regarding specific requirements that have to be met before the application is approved for publication. If the requirement is not met, the application will be abandoned. However, if the applicant responds within 2 months, the application is given priority processing.
If you are a business or individual who receives one of the above actions, and have no idea how to respond, it is very important to obtain legal assistance. If an applicant does not address all of the issue and/or does not respond within 6 months, the applicantion can be abandoned. I obtain many clients who are near the abandonment stage or their application has been abandoned because they did not answer the Office Action correctly. Fortuantely, if an application is abandoned, the USPTO does allow the applicant to Petition the USPTO to revive the application. The cost is $100 and must be received within 2 months after the abandonment takes effect.
As always I welcome your thoughts. And please if you have a question, please ask.
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