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Managing Global Enforcement Matters
Discussion Outline




 

 Discussion outline

 

Pre-enforcement Issues

  • How do you find out about potential enforcement matters?
  • How does your organization determine what marks should be placed on watch?
  • Does your organization record trademarks with international customs authorities in order to prevent counterfeit items from being transported across borders?
  • Does your organization have a set of guidelines it uses to determine what marks it wants to protect?

Actual Enforcement

  • Investigation.
  • How are potential enforcement matters investigated?
  • Who communicates with counsel?
  • How are the border seizure notices and proceedings handled? Do you have a team dedicated to these matters?

Management

  • How are enforcement matters docketed internally?
  • How are records kept?
  • How is evidence of use collected?
  • Is evidence retained, and if so, how?
  • Do you provide general Powers of Attorney to counsel or are Powers matter specific?
  • How do you scrutinize foreign counsel / vendor costs?

Resolution

  • Do you routinely send cease and desist letters? 
  • What types of letters do you send? 
  • What jurisdictional issues do you consider when crafting your letters?
  • Do you have a policy regarding the use of consent agreements?  Do you acquire marks?
  • Do you license marks? 
  • How are coexistence agreements handled?