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Author Topic: How to stop a company that is infringing trademarks  (Read 751 times)

shimari

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Hello!

There's a medium-sized company here in Brazil that is infringing trademarks of SEVERAL world-wide music labels.
For personal reasons I want to get this company shut-down.  :D

What would be the easiest way to get they sued by the labels?
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NJ Patent1

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Re: How to stop a company that is infringing trademarks
« Reply #1 on: 10-15-11 at 04:02 pm »

Shimari:  As far as I am aware, TMs don't have extraterritorial effect.  Madrid doesn't go that far.  Unless goods bearing the US-registered mark are imported into the US from Brazil, US courts have no jurisdiction. It is a matter for Brazilian courts to enforce TMs registered in Brazil. 
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JSonnabend

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Re: How to stop a company that is infringing trademarks
« Reply #2 on: 10-18-11 at 04:51 am »

From my reading, the OP didn't ask about U.S. courts.

You could contact the labels' legal departments and let them know what's happening.  After that, it's entirely out of your hands, I would imagine.

- Jeff
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SonnabendLaw
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DoNotAsk

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Re: How to stop a company that is infringing trademarks
« Reply #3 on: 11-18-11 at 06:08 am »

If you are not the holder of the TM, I suggest you write a letter informing the company whose trademark was infringed. But I am afraid that will not get the infringing one shut down.

ertanyildiz

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Re: How to stop a company that is infringing trademarks
« Reply #4 on: 11-19-11 at 06:46 am »

First of all, you should know that since you are not the owner of these world-wide music labels, you are not authorized to enforce said trademarks in Brazil. In that case, I will tell the most suitable strategy for preventing such a trademark infringement.

1- First, if your country has an online trademark database which is open to public, please investigate if there exists any trademark registration of these world-wide music labels in Brazil.
2- If you encounter some trademark registrations in relevant sector, then find and save a copy of these registrations in your file.
3-Create a special Evidences of Infrigement file. Begin to collect all documents in order to prove the infringement. Examples: Record everything on which you see the music labels. Photographs of the company, products, invoices, advertisements, brochures etc. If it is possible also collect sample products on which the trademark is used. Even you can record telephone conversations showing the infringement. Please keep in mind that you should always record the date on the evidence.
4-Then inform the authorized distributor in Brazil (if exists) of the holder company of these world-wide labels and then inform the main company by e-mail or fax. Tell them you collected some evidences and can send an electronic copy to their company by e-mail.
5-If said famous music trademarks are not registered in Brazil, then the holders of these trademarks should base their claim  on
Well-known marks ( Article 6bis of Paris Convention: As far as I know Brazil is party to the Paris Convention since 1884, therefore Brazil is responsible for protecting well-known marks, even if they are not registered)
Trade names (Article 8 of Paris Convention: A trade name shall be protected in all the countries of the Union without the obligation of filing or registration, whether or not it forms part of a trademark.)
6- As a result, you should convince the holders of these famous music trademarks that they must file a trademark infringement action against said company and you may assist them in every stage by supplying evidences.

This method takes time, but it always works:)

Meslek Patent Ltd. Co.
E-mail: ertan.yildiz@meslekpatent.com
Web: http://www.meslekpatent.com

« Last Edit: 11-19-11 at 07:10 am by ertanyildiz »
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