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Intellectual Property News
Four Defendants Sentenced In Counterfeit Goods Conspiracies
Four Massachusetts residents were sentenced in federal court for money laundering and trafficking and conspiring to traffic in more than $1 million of counterfeit luxury handbags and wallets, as well as the materials needed to make these counterfeits, Assistant Attorney General Alice S. Fisher for the Criminal Division; U.S. Attorney Michael J. Sullivan of the District of Massachusetts; Special Agent in Charge Bruce M. Foucart of U.S. Immigration and Customs Enforcement (ICE) in New England; and Special Agent in Charge Douglas A. Bricker of the U.S. Internal Revenue Service (IRS), Criminal Investigation in New England announced today.
Minh Vu, 26, Katherine Luong, 28, Camphung Luong, 25, and Kim Luong, 34, were sentenced to the following terms in prison by U.S. District Court Judge William Young: Vu received 30 months, Katherine Luong received 36 months, Camphung Luong received 24 months, and Kim Luong received 30 months. According to the terms of their plea agreements, the defendants made over $48,000 in restitution payments to the victims and did not contest the forfeiture of five bank accounts, over $41,000 in cash, two vehicles, and the counterfeit merchandise. Read more at cybercrime.gov.
There are common law rights
Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration. However, there are many benefits of federal trademark registration.
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Definition:
An allowed application for patent in which the applicant files correspondence to withdraw the patent from issue, thus preventing it from issuing on the patent issue date.
Public domain
Definition:
Public domain refers to works that are not protected by copyright and are publicly available. They may be used by anyone, anywhere, anytime without permission, license or royalty payment
Unfair Competition
Definition:
Commercial conduct that the law views as unjust. A person injured by an act of unfair competition is entitled to relief in a civil action against the perpetrator of the act.
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