Due to the vastness of the Internet, it may be difficult to keep track of any illegitimate use of your trademark by online competitors. Nonetheless, it may be pivotal for the online success of your business to identify and report any Internet keywords that include your trademark. Continue reading to learn if you have an infringement case after an incident with a trademarked keyword and how an experienced New Jersey trademark lawyer at The Ingber Law Firm can overview your legal options.
What is a trademarked keyword?
First of all, you must understand whether an Internet keyword is improperly using your trademark in the first place. Simply put, a trademarked keyword may exist if your online competitor purchases an Internet keyword with your federally registered mark to advertise their own products or services.
An example of this is if an online competitor purchased the keyword “Coca-Cola carbonated drinks.” This may be considered an infringement upon The Coca-Cola Company and their federally registered mark.
Do I have an infringement case with a trademarked keyword?
In the case of a trademarked keyword, you may first consider reporting it to Google, Yahoo, Bing, or otherwise the search engine company in which it is being used. But if this is unsuccessful, then you may be contemplating your legal options. Without further ado, when debating whether you have an infringement case on your hands, you may ask yourself the following questions:
- Do you believe that an online competitor is using this Internet keyword to advertise their separate products or services to a similar target audience of consumers?
- Do you believe that an online competitor is using this Internet keyword to create confusion among your target audience of consumers?
- Do you believe that an online competitor is using this Internet keyword to drive traffic toward their site while making your traffic depreciate in the process?
- Do you believe that an online competitor is using this Internet keyword to increase their sales while diminishing the value of your mark in the process?
If the answers to the aforementioned questions are a resounding “yes,” then you may proceed forward with a lawsuit against your online competitor.
When should I consider pursuing legal action?
Of note, trademark infringement claims are governed by federal law. More specifically, their timeliness is governed by laches. This is all to say that there is no specific statute of limitations for pursuing your legal action. However, it would be best if you did not contemplate your legal options for too long. This is because you should stop the illegal use of your trademark before your business takes any further financial hits.
For these reasons alone, you must consult with a skilled Essex County, New Jersey intellectual property lawyer immediately. Our team at The Ingber Law Firm is happy to advise you.
