Can an exclusive licensee sue for trademark infringement [Deep Research]

Last updated : Sept 23, 2022
Written by : Angel Vildosola
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Can an exclusive licensee sue for trademark infringement

Can an exclusive licensee sue for patent infringement?

Generally, only the owner of a patent has standing to sue for infringement. An exclusive licensee can participate in such a suit only if the patent owner has granted it sufficient rights beyond the license itself to confer standing.

Can an individual be sued for trademark infringement?

Trademark infringement in California is the unauthorized use of a trademark to sell products/services or to promote a company. Infringement causes deception or confusion about the source of the services or the goods that a company provides. A person may commit trademark infringement either knowingly or by accident.

How exclusive licensee have the rights and remedies of assignee?

To be effective, an exclusive licence must be in writing signed by or on behalf of the copyright owner. An exclusive licensee has, except against the copyright owner, the same legal rights and remedies as if the licence had been an assignment (see section 112 of the Copyright Ordinance).

Who is liable for trademark infringement?

If a manufacturer or distributer intentionally induces another to infringe a trademark, or if it continues to supply its product to one whom it knows or has reason to know is engaging in trademark infringement, the manufacturer or distributer is contributorially responsible for any harm done as a result of the deceit.

Who can sue for patent infringement?

15. Who can be sued for patent infringement? Any person that has not been duly authorised by the patentee or that has not obtained the consent of the patentee can be sued for patent infringement.

Can two licensees bring suit on the same patent?

An exclusive licensee may bring suit, but generally must join all the patent owners as plaintiffs as well.

Can you sue for trademark infringement without registration?

Section 27 of the act provides that no action for infringement can be taken for an unregistered trademark. But for a registered trademark, an action for infringement lies where the aggrieved can be sought civil and criminal reliefs. Moreover, section 28 of the act confers certain benefits on registration.

How do you take action against trademark infringement?

Action Against Trademark Infringement You can directly send a notice to the person using your trademark of initiating legal action against him/her if he/she does not stop using it. If the person stops using your trademark after you issue notice, then the matter is closed.

What is the difference between copyright infringement and trademark infringement?

The main difference is that a trademark protects the unique identification of a brand or product (e.g. the logo of a brand) and must be applied for, whereas copyright prevents copying, reproduction, or distribution of specific work (such as music, written words, performances, and films) and is gained automatically if ...

Can an exclusive licensee register a copyright?

The Copyright Act states that only “the owner of copyright or of any exclusive right in the work may obtain registration of the copyright claim.” 17 U.S.C.

Does an exclusive license exclude the licensor?

Exclusive licences give the licensee the right to use the intellectual property to the exclusion of all persons including the licensor. In other words, only the exclusive licensee has the sole right to use the intellectual property rights licensed.

What must a plaintiff prove in a successful trademark infringement case?

What must a plaintiff prove in a successful trademark infringement case? Defendant infringed plaintiff's mark. Defendant used the mark in an unauthorized manner. The use of the mark is likely to cause confusion or deception of the public as to the origin of the services or goods.

What happens if a trademark is infringed?

When infringement occurs, a trademark owner (the plaintiff) may file a lawsuit against the infringing user of the same or similar mark (the defendant) to prevent further use of the mark and collect money damages for the wrongful use.

What are 3 things that determine trademark infringement?

Thus, "use," "in commerce," and "likelihood of confusion" are three distinct elements necessary to establish a trademark infringement claim.

What is the punishment for infringement of trademark?

Imprisonment for a period not less than six months that may extend to three years. A fine that is not less than Rs 50,000 that may extend to Rs 2 lakh.

Can someone file a patent infringement against the other?

Patent Infringement Litigation: The Basics Patent infringement occurs when another party makes, uses, or sells a patented item without the permission of the patent holder. The patent holder may choose to sue the infringing party to stop his or her activities, as well as to receive compensation for the unauthorized use.

Is patent infringement civil or criminal?

Generally, patent infringement is a strict liability civil offense.

What constitutes civil action for patent infringement?

A patent-holder may file a civil action against a patent infringer where damages may be recovered. The court may order the destruction of the infringing product, without compensation. The patent-holder may also request the issue of an injunction to prevent further acts of infringement.

What is an Exclusive patent license?

Types of patent licenses An exclusive patent license means that no person or business other than the named licensee can use the intellectual property rights. Under federal law, an exclusive license allows only one licensee to make, use, or sell an invention during a patent's lifespan for commercial purposes.

What legal action can be taken by a plaintiff for infringement of an unregistered trademark?

In case of misuse of a registered mark, the right holder can initiate an infringement action against the violating party. But for misuse of unregistered marks, the right holder is entitled to claim protection under the law of passing off.

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Can an exclusive licensee sue for trademark infringement

Comment by Landon Gerling

I am trademark litigation attorney Enrico Schaefer and today on five things you need to know we're gonna be talking about five things you need to know about trademark litigation a lot of clients come to us and they say hey I've got a trademark infringement matter I've got a competitor or someone else who's infringing my trademark I want to file a lawsuit but you know what rarely do you ever start out by just filing a lawsuit there's a lot of things that you need to know before you step into court so on today's five things you need to know we're gonna be talking about trademark litigation the first thing you need to know about trademark litigation is that trademark cases are fact-intensive that means that there are very few hard and fast rules about who's gonna win who's gonna lose each case is different there are so many factors that go into the issue of whether or not someone is infringing your trademark that it is impossible to simply tell you what the result is going to be and as we always tell clients one fact can change the result and sometimes those facts don't reveal themselves until you're well into the case so trademark cases are fact-intensive the more facts you get to your trademark litigation attorney the better that attorney is going to be at telling you your odds of winning number two trademark cases can be expensive all intellectual property cases can be expensive patent cases are the most expensive but trademark cases are not far behind how much should you expect to spend if you get involved in trademark litigation typically you're looking at well into the hundreds of thousands of dollars to take a case from beginning to end now now all cases are gonna go from the very filing of the complaint all the way to a jury verdict many cases get resolved along the way and obviously if it resolves sooner you're going to pay less but you need to be able to fund the litigation and you need to be able to handle the legal fees which are going to quickly escalate into the the hundred thousand dollar range once you get into discovery in many instances it's well worth it to litigate your trademarks to protect your marks and extend your brain and the price of Poker is going to be well worth the result you're going to achieve number three tip in the world of trademark litigation you always need a battle plan you need to define the strategy and define the battle plan before you step into court that means you need to get your lawyer the facts let the lawyer research the law to see how they apply to your particular facts in your particular jurisdiction so that the lawyer can get you educated and help you understand exactly what the odds are of winning and more importantly to define a strategy to achieve your specific goals ever even clients goals are different you want a lawyer who's gonna find out what your goals are and to find a battle plan that is going to achieve those goals we always say that the law is a five-lane highway a lawyer can drift back and forth from shoulder to shoulder all day long and it's all legitimate they're still on the road but are they really advancing down the highway and the answer is no a good trademark litigation attorney will have a very defined very detailed battle plan at the beginning of the case before stepping into court all designed to achieve your goals number four you need to understand your case you need to understand the law you're the one that's gonna be making the decisions as you roll forward down the litigation highway you need to be in a position to say yes or no to decide a lot of important issues like how much Discoverer you're gonna do whose depositions are you gonna take what evidence do you have to bring to bear to help your lawyer win without understanding the law you're never going to be able to understand these issues and you're not gonna be much of a help we at traverse legal believe in a very well informed client we demand that you participate we demand that you understand the key legal principle so you can help us win your trademark litigation case number five number five number five is that trademark litigation can take a long time you need to be prepared for the long haul it sometimes takes 12 to 24 months to work your way through a jury verdict and not all cases settle before trial so you need to be committed to the case it's not enough that your lawyer is committed you need to be committed from beginning to end and be prepared to participate it's not only the soft cost of or the hard cost of paying the attorneys but it's the soft cost of time and resources that you are going to expend to help win your case those are our five tips for trademark litigation for the day and we'll see you next time on five tips here at Travis legal

Thanks for your comment Landon Gerling, have a nice day.
- Angel Vildosola, Staff Member

Comment by herskenden

so what do you think I think it looks awfully familiar I think so too in fact so familiar that I can probably pull up the storyboards that we had copy let's take a look at those storyboards yeah I'll get them okay you know here's a client who has done something right he showed some of his material to a number of people investors and others that he's got to show it to but he before he did that he filed with the Copyright Office and registered the storyboards that he created this looks as if it's taken directly from his storyboards and from the video that he did off of the storyboards if it is virtually identical we probably have a good case for infringement in this case particularly if we can show as we I think we can that the storyboards were filed before he ever showed the material to these other parties if that's the case and we can pend the date on which this was produced and show that he filed his storyboard registration before this was made then we have a very good case for infringement in our next step will be to send a cease and desist letter to the other party letting them know that there's been an infringement asking for damages which will be either whatever the other party is made on the material or possibly just some number that seems to make sense and that will satisfy my client otherwise we go to federal court but you have to do in a copyright infringement case and sue for either actual damages that we have or for what are called statutory damages and the recovery can be fairly substantial so if you do this right early in your project you oftentimes can protect yourself against somebody like whoever this was who tried to steal my clients material don't forget to Like comment and subscribe to our channel for more videos or visit Chase for more information

Thanks herskenden your participation is very much appreciated
- Angel Vildosola

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