How to Prevent Illegal Kids Trademark Character Parties
Gather evidence of IP infringement., Send a cease-and-desist letter., Report the infringing activity., Take legal action.
Step-by-Step Guide
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Step 1: Gather evidence of IP infringement.
If you believe your intellectual property is being stolen or misused, your first step should be to document evidence of the infringement.
You will need to be able to prove that your IP was being used illegally should your case ever go to court.
It is important to document this evidence as quickly as possible, because once legal proceedings have begun, it is in the infringer's best interest to remove or destroy any evidence of wrongdoing as quickly as possible.For example, if someone maintains a website offering character-appearance services that includes the unlicensed use of one of your characters, take screenshots of the website—especially the portion of the site that advertises your copyrighted or trademarked material.
If the infringing activity appears in print (e.g., on a flyer or in a newspaper/magazine), take a photo to preserve this evidence.
Or, if you simply see someone dressed as a character to which you own the IP rights, or operating an unlicensed store of some kind, take a picture or video of the person or establishment that is using your IP in an infringing manner.
Be sure to record the date on which you gathered the evidence and, if possible, look for evidence regarding how long the infringing activity has been occurring. -
Step 2: Send a cease-and-desist letter.
Once you have documented evidence of IP infringement, your next step should be to send a cease-and-desist letter to the offending party.
This letter will accomplish three things: (1) evidence your desire and willingness to protect your IP rights; (2) notify the offending party of their illegal activity; and (3) give the offending party the opportunity to correct its behavior without the expense of further legal action.The letter should contain the following:
The IP rights you own that are currently being violated.
The specific copyrights or trademarks involved in the infringement.
A request that the offending party stop its infringing activity by a specific date.
The legal consequences for failing to comply with the cease-and-desist letter (referencing, and providing copies of, specific relevant statutes is ideal).
Make sure you record both the date on which you send the letter and the date on which the offending party received the letter, as this will be important if litigation is necessary in the future. , Several federal agencies provide the means for individuals to report IP infringement directly to the government, which then investigates the claim.
The National Intellectual Property Rights Coordination Center should be your first step, and the Center provides an easy-to-use website that allows you to submit a claim of infringing activity.If the IP theft is accomplished using the internet or other cyber means, you can report this to the FBI's Internet Crime Complaint Center.If you believe the IP infringement involves illegal exports or imports of licensed material, you can file a report with U.S.
Customs and Border Protection using its e-Allegations submission system., If the offending party does not respond to your cease-and-desist letter—or does, but continues its infringing activity—your last recourse is to bring suit for copyright or trademark infringement.
Find a lawyer who specializes in intellectual-property law, give him or her the relevant details of your case, and he or she will be able to advise you how best to proceed, and what legal action will provide the optimal result for you based on your specific circumstances. -
Step 3: Report the infringing activity.
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Step 4: Take legal action.
Detailed Guide
If you believe your intellectual property is being stolen or misused, your first step should be to document evidence of the infringement.
You will need to be able to prove that your IP was being used illegally should your case ever go to court.
It is important to document this evidence as quickly as possible, because once legal proceedings have begun, it is in the infringer's best interest to remove or destroy any evidence of wrongdoing as quickly as possible.For example, if someone maintains a website offering character-appearance services that includes the unlicensed use of one of your characters, take screenshots of the website—especially the portion of the site that advertises your copyrighted or trademarked material.
If the infringing activity appears in print (e.g., on a flyer or in a newspaper/magazine), take a photo to preserve this evidence.
Or, if you simply see someone dressed as a character to which you own the IP rights, or operating an unlicensed store of some kind, take a picture or video of the person or establishment that is using your IP in an infringing manner.
Be sure to record the date on which you gathered the evidence and, if possible, look for evidence regarding how long the infringing activity has been occurring.
Once you have documented evidence of IP infringement, your next step should be to send a cease-and-desist letter to the offending party.
This letter will accomplish three things: (1) evidence your desire and willingness to protect your IP rights; (2) notify the offending party of their illegal activity; and (3) give the offending party the opportunity to correct its behavior without the expense of further legal action.The letter should contain the following:
The IP rights you own that are currently being violated.
The specific copyrights or trademarks involved in the infringement.
A request that the offending party stop its infringing activity by a specific date.
The legal consequences for failing to comply with the cease-and-desist letter (referencing, and providing copies of, specific relevant statutes is ideal).
Make sure you record both the date on which you send the letter and the date on which the offending party received the letter, as this will be important if litigation is necessary in the future. , Several federal agencies provide the means for individuals to report IP infringement directly to the government, which then investigates the claim.
The National Intellectual Property Rights Coordination Center should be your first step, and the Center provides an easy-to-use website that allows you to submit a claim of infringing activity.If the IP theft is accomplished using the internet or other cyber means, you can report this to the FBI's Internet Crime Complaint Center.If you believe the IP infringement involves illegal exports or imports of licensed material, you can file a report with U.S.
Customs and Border Protection using its e-Allegations submission system., If the offending party does not respond to your cease-and-desist letter—or does, but continues its infringing activity—your last recourse is to bring suit for copyright or trademark infringement.
Find a lawyer who specializes in intellectual-property law, give him or her the relevant details of your case, and he or she will be able to advise you how best to proceed, and what legal action will provide the optimal result for you based on your specific circumstances.
About the Author
Debra Adams
Brings years of experience writing about cooking and related subjects.
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