How To Take Action Against Online Trademark Infringement

Digitization has made life easy for businesses as well as consumers. But, when it comes to intellectual property protection, the internet seems to have complicated infringement matters.

Trademarks or your brand aspects can hold immense financial value. An unauthorized use of these assets can cause damaged goodwill and as a business owner, you cannot take the risk of losing the value of trademarks. Enforcing trademark rights is typically the way to stop infringement and its damaging results.

The virtual world is borderless and offers a platform for various activities. From business opportunities to providing an opinion on something, the internet offers a variety of options to people. This can make it difficult to identify trademark infringement. So, how do you take action against online trademark infringement? Here are a few tips to help you combat online trademark infringement.

Policing Your Trademarks

Tracking the use of your trademark is the best defence mechanism that you can implement. Online trademark infringement can happen in various ways. Advertisements, the sale of counterfeit products, social media posts, unauthorised use on retail sites, etc. are different forms of trademark infringement online. Monitoring the internet and social media platforms consistently is the best way to track and cease infringement. While a routine search helps, hiring a trademark watch service can be highly beneficial. Since it digs deep into online registries, such a service may prove advantageous to trademark owners.

Understanding Nominative Fair Use

Not every mention of your trademark online constitutes infringement. Just because you see your brand name on a product reselling website, doesn’t mean it is infringement. Maybe a consumer has used the trademark to describe the product they are selling. Trademark infringement occurs when someone intends to profit from your brand value in a wrongful manner. But, a use that does not harm your goodwill or create confusion is not infringing. Nominative fair use covers such uses of trademarks. Understanding the purpose of the use will help you prevent unnecessary expenses that come with a lawsuit.

Consult a Trademark Professional

The subject of online infringement is complicated. From tracking the use of your trademark to understanding whether or not infringement exists can be difficult. In addition, registered trademark rights are bounded by borders. Canadian trademark owners can enforce rights across Canada but cannot enforce their rights into the United States or any other country unless they also have registered trademarks in those countries. In a borderless world where infringement can occur anywhere, how do you take action? Obtaining the assistance of a trademark agent or legal counsel can be beneficial. The assistance of a trademark agent or legal counsel at an early stage can prove beneficial in right enforcement decisions. Taking early action can help to prevent diminishment of the goodwill of a trademark.

A cease and desist letter followed by an infringement lawsuit if needed may follow after the identification of infringement. But, these actions can be expensive and time-consuming. Consulting a trademark agent or attorney can be beneficial in identifying and making informed decisions in the case of online trademark infringement.