Skip to Main Content
Services Talent Knowledge
Site Search
Menu

News

May 8, 2018

Buffalo Business First: Trademark Holders Defend Their Products

Trademark and patent holders have the right to protect their products and ideas, but it's a right they must enforce themselves.

Be vigilant and keep an eye on what competitors are doing, advised Jeremy Oczek, a member at Bond Shoeneck & King in Buffalo.

"That takes an investment of time and resources. No one is going to do that for you," he said. "If you have a patent and you feel that a competitor is using the technology, it's on you to go investigate that and determine there is infringement. If you have a trademark and you feel that someone else is using something that is confusingly similar, you have an obligation to police that."

A cease-and-desist letter lets the alleged infringer know that they are improperly using protected intellectual property, said Laura Colca, a partner at Goldberg Segalla in Buffalo.

"The cease-and-desist letter demands that the alleged infringer immediately suspend its activities," she said. "Sometimes, but not always, cease-and-desist letters extend an offer to the alleged infringer to become an authorized licensee of the patent holder. (The letter) typically affords the alleged infringer a limited period of time to discontinue its activities before legal proceedings are commenced."

Read the full article, featuring commentary from partner and Intellectual Practice Group Leader Denis. J. Sullivan, here.

Subscribe

Click here to sign up for alerts, blog posts, and firm news.

Featured Media

Alerts

NYS Legislature Passes Legislation to Reopen the CDPAP Fiscal Intermediary Procurement Process

Alerts

Pennsylvania State Court Grants Summary Judgment to Dental Practice Against Insurer for COVID-19 Business Interruption Coverage

Alerts

Unpacking the Impact of the Newly Effective Information Blocking Rule

Alerts

Second Circuit Court of Appeals Certifies Questions Regarding Damages for Improper Judgment Enforcement to New York Court of Appeals

Alerts

NYS Governor Cuomo Signs Bill to Fully Repeal Immunity for Certain Health Care Providers and Facilities

Alerts

Gridlock and Middleman Lobbying Cause NYS Pharmacy Benefit Manager Reforms to Fail Again in NYS Budget

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out