A client calls. The question is asked: “How do I stop a nameless someone from selling products using my trademark?” Or “how do I stop another nameless someone from infringing on my exclusive patent rights?” The traditional answer was—“take them to court” (if you can even get jurisdiction over them). Investigate (for months) the source of the post. Navigate (for years) in the U.S. and international courts. Then, hope against hope that the costs of enforcement will balance against the legal fees and expenses. And with ever-increasing commerce via the Internet, the need for efficient and cost-effective IP and brand enforcement is only more pronounced.
The outcry from IP rights’ holders has spurred Internet marketplaces to experiment and implement with new tools for swift and efficient takedowns of offers to sell infringing products. For example, Amazon, by far the largest online retailer, implemented several procedures for IP protection allowing rights’ holders to register brands and report infringement, and even including a neutral patent evaluation program. This article gives an eagle’s-eye view of some of these procedures and the benefits they hold for IP and brand protection.
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