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Pellicano Law
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Protect

Protecting a brand: copies, conflicts and deadlines

Finding a copy of your work for sale is upsetting, and the first message you send matters. I start with the record: what you own, since when, and what the other seller is actually doing.

Most disputes end with a takedown report or a measured letter. When one needs to go to court, I bring in litigation co-counsel and tell you what that would cost before anything is filed.

  • Knock-offs on marketplaces and social media

  • Confusing names filed by someone else

  • Deadlines that keep a registration alive

A woman in a grey sweater mixing clay in a bowl at a table in a pottery studio

What protecting includes

Letters and takedown reports are fixed fees. Oppositions and responses are quoted after I've read the file.

  • Fixed fee per platform

    Marketplace takedown reports

    Reports to the platforms' own intellectual property programs, with the registration and evidence they ask for.

  • Fixed fee

    Cease-and-desist letter

    A firm, accurate letter that says what you own and what you're asking for, without threats you couldn't back up.

  • Quoted per matter

    Office actions and oppositions

    Answering an examiner's refusal, or opposing a confusingly similar application within the window to do it.

  • Fixed fee per filing

    Renewals and watch

    The declarations of use and renewals that registrations need, and a watch for new filings close to yours.

Questions when you've been copied

Should I post about the copy online?

Wait until we've talked. A public accusation can make the dispute harder to settle, and in some cases it can be used against you.

Will a letter make them stop?

Often, but not always. I can't promise how another seller or a platform will respond; I can make sure your side is clear and correct.

Do I need a registration to send a takedown?

Not always. Copyright and unregistered trademarks can support some reports, but most platforms act faster on a registration.

Found a copy of your work?

Send me a link and a line about what you make. Screenshots help; don't contact the seller yet.

Tell me what you found

Please don't send confidential details until we've agreed in writing to work together.