Discovery in U.S. Trademark Litigation 美国商标诉讼中的发现 In my previous posts on trademark litigation and procedure, Jurisdiction for U.S. Trademark Violations, The Consequences of Not Answering a U.S. Trademark Violation Suit and U.S. Trademark Litigation Process, I explained in different aspects of litigating trademark disputes in U.S. courts. In my article on the U.S. Trademark…
Understanding Trademark Violation Damages 了解商标侵权损失
Understanding Trademark Violation Damages 了解商标侵权损失 Facing a lawsuit for trademark violation in the U.S. involves several stages of grief and consternation. From my experience in representing defendants in U.S, trademark violation cases, these stages are as follows: 在美国涉嫌商标侵权诉讼涉及几个阶段的悲伤和惊愕。 根据我在美国代表被告的经验,商标侵权案件,这些阶段如下: Stage 1: Paypal Stole My Money! This is an understandable first reaction. It is, after all,…
Did I Infringe a Trademark? 我侵权商标了吗?
Did I Infringe a Trademark? 我侵权商标了吗? If you receive notice that a lawsuit has been filed against you in the U.S. for trademark infringement, it will likely be unclear to you whether you actually infringed. Below, I answer common questions relating to U.S. trademark infringement. First, it is important to understand the specific U.S. laws…
U.S. TRADEMARK LITIGATION PROCESS 美国商标诉讼程序
U.S. TRADEMARK LITIGATION PROCESS 美国商标诉讼程序 Litigating a trademark violation case in the United States is a confusing and bewildering process for most defendants. This article explains the U.S. Trademark Litigation Process. First, litigation is the method by which civil disputes are resolved in the U.S. Intellectual property law, including trademarks and copyrights, is primarily…
The Consequences of Not Answering a U.S. Trademark Violation Suit 不答复美国商标侵权诉讼的后果
The Consequences of Not Answering a U.S. Trademark Violation Suit 不答复美国商标侵权诉讼的后果 If you are sued for trademark violation in the United States, you will receive an email the trademark owner’s lawyers which inform you that you must file an Answer within twenty-one days of a certain date. This information is also likely to be posted…
Jurisdiction for U.S. Trademark Violations 美国商标侵权的司法管辖权
Jurisdiction for U.S. Trademark Violations 美国商标侵权的司法管辖权 You are based in China or elsewhere outside the United States. You offer various items for sale via an online store or website. One morning you awake to discover that your Paypal account is frozen and your website has been taken down and the domain transferred to a law…
Don’t Blame Paypal应该怪Paypal吗?
Don’t Blame Paypal for Account Freeze In U.S. trademark violation cases, the online merchant payment processor Paypal is often ordered by the U.S. court to freeze the accounts of online merchants. The account freeze takes place without prior notice to the Paypal account owner. Both Paypal and the Plaintiffs’ attorneys will contact the…