How do trademark infringers steal your brand? In this episode of Marks of a Mogul, Rosezena discusses the three types of infringers: the copycat, counterfeiter, and confiscator. It’s important to understand how trademark infringers try to steal your brand. A copycat steals parts of your brand but repackages it as their own. A counterfeiter makes knock-offs of your brand, but sells the fake product for a cheaper price, and the worst trademark infringer, the confiscator, files for a trademark before you do. Even though the confiscator is stealing your brand, they are legally protected because they filed for the trademark.
So, how do you protect your brand from the three Cs of trademark infringement? By securing your brand and filing for a trademark, copycats, counterfeiters, and confiscators are legally prevented from infringing on your brand. To learn how to protect your brand from infringement, listen to Rosezena explain how trademark law prohibits the three types of infringers from stealing your brands distinctive features.
(00:28) – Introducing infringement (01:13) – What is a copycat? (02:00) – What is a brand story? (03:40) – The counterfeiter (05:42) – The confiscator (07:20) – How do you protect yourself? (09:58) – Registering your brand with US Customs and Border Patrol (11:42) – How to get rid of confiscators—forever! (13:15) – Inherent distinctiveness (15:28) – Why it’s hard to protect fashionable items under U.S. trademark law (16:26) – Contact Rosezena, @thebizlaywer, to protect your fashion brand
Even if your brand is trademarked, the three types of trademark infringers can still try and profit from your brand, which is why it’s important to know trademark law well. For example, the U.S. makes it even harder to protect fashion brands under trademark law because it classifies fashion items as a wearable-garment. Despite this difficulty, Rosezena can work with you to secure your fashion brand so you can secure the bag.
