Legal Question in Business Law in New Jersey

Re: unauthorized sale of product in my trademark

You may have to file an Order to Show Cause seeking an injunction and temporary restraining notice against the company. Our firm handles commercial litigation matters and I invite you to contact me to discuss this further.

Re: unauthorized sale of product in my trademark

It depends on where the goods are going and whether the seller has offices in the United States.

Assuming that you have a valid U.S. trademark and that you have policed it properly, you can prevent the illegal importation of counterfeit goods through U.S. Customs. They have procedures whereby you can notify them of the possible infringement of your trademark and, if they can find the goods, they will stop them at the border.

You can prevent the sale of counterfeit goods being sold within the United States by a direct action against the seller. With relatively easy proofs, you can get an injunction against further sale and compensation for your lost profits. There may be other damages and other benefits depending on the circumstances and the nature of the goods.

If the counterfeiter or any foreign sellers are within the reach of the United States' courts, you can sue them here to get an injunction and damages. It is not uncommon that this is imposssible in which case, your remedy is in the foreign courts. The degree to which a court in Brazil would help would have to be looked into. My business experience with Brazil is that the manufacturers there usually respect U.S. trademarks even in the face of temptation not to do so. That leads me to believe that there is probably a trademark enforcement treaty with some teeth. I would have to do some research to be sure.

If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

Re: unauthorized sale of product in my trademark

I have read what the other attorneys wrote, and they are correct. You must enforce your rights, usually by making a written demand before you file suit.

I do this kind of work. If you would like me to assist, please call my office. I am in Hackensack. You can then decide how you would like to proceed.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.