Online marketplaces such as Amazon and eBay, and online app retailers such as Google Play and Apple’s App Store are increasingly a primary channel of revenue for goods resellers and software app developers. However, sellers whose accounts have been suspended, terminated, or otherwise disabled may find themselves without legal recourse to challenge actions that can significantly affect their livelihood.
There are many different reasons why someone might file an opposition or cancellation proceeding challenging a federal trademark application, and many clients are surprised to learn that it often has little to do with the challenged application.
Many people believe that trademark rights can be “abandoned” or lost if the trademark owner fails to object to infringing uses of the mark, but that is not entirely accurate. Continue reading
Trademark rights and domain name ownership overlap in many ways, but they are not the same thing. Domain name ownership does not necessarily establish trademark rights, and trademark ownership does not necessarily give you the right to own the corresponding domain name. Continue reading
Receiving a “cease and desist” letter from a lawyer can be stressful and sometimes confusing, and it’s not always clear whether and how a person should respond.