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How to Learn About the Penalties for Violating Digital Trademark Laws

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By eHow Contributing Writer
(4 Ratings)

Digital trademark laws allow a business to utilize a symbol or name synonymous with their product to distinguish themselves from the competition. However, trademark laws are tricky in application and enforcement due to the fluid nature of online commerce. Developing an understanding of the penalties for violating digital trademark laws can help any business person avoid undue legal problems.

Difficulty: Moderate
Instructions
  1. Step 1

    Document any instance of a business or individual violating your digital trademark. Print a hard copy of the trademarked image in question as material proof. Keep track of website names, links, and owners in order to facilitate future legal action.

  2. Step 2

    Acquire information on federal trademark law from the United States Department of Justice. The Justice Department provides an entire section for individuals to learn about penalties for violating trademark laws. A first time trademark violator can expect up to five years in prison in addition to a fine of up to $250,000, according to the United States Code (see Resources below).

  3. Step 3

    Look for online forums that discuss intellectual property issues like trademark law. Universities, think tanks and private corporations concerned about trademark violations set up these groups to help people learn ways to protect their intellectual property.

  4. Step 4

    Discuss your concerns about potential trademark law violations with the party in question. Ignorance is not a legal defense, but two business people may be able to remedy the confusion of similar images without resorting to the legal system. Document any interactions with the offending party, however, in case a resolution cannot be found.

Tips & Warnings
  • Seek out the advice of a qualified intellectual property lawyer before trademarking an image. The American Bar Association website has a pro bono intellectual property section that covers all fifty states (see Resources below). The advice and counsel of these experts can save you time and money down the road.
  • Protect yourself from penalties for trademark violation by understanding anti-dilution statutes. These laws allow the owner of a famous trademark to sue a company if its trademarked symbol is similar. If the court finds that your digital image tarnishes or weakens the plaintiff's company, they can seek damages and court fees.

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