NOI QA Take5 WW48

In what marketplaces is Common Law applicable?

What criteria does the complaint needs to meet in order to continue evaluating Common Law?

• Class of goods for which the mark is used.

• Link showing use of the mark in commerce, and on the product or its packaging.

• Certificate of the mark's registration

• Date of first use of the mark is greater or equal to 3 months.

• A DMCA signed by a lawyer.

Should we reject this for ED wording? "We did not grant permission to seller NiceAugust for using our page details to sell"

• Yes

• No

Answer explanation

Note how we have no explicit counterfeit allegations, but the RO leans towards prohibition to sell? ;)

Is this an ED wording? "We have not authorized this seller to sell this product. WXYZ is a fake and malicious seller, please remove the seller."

• Yes

• No

Answer explanation

Who's being accused of being fake: the product or the seller?

Can we continue evaluating a case with this wording? "Sellers HelloSunshine, WeBuyIt and Venomous are offering deceiving copies of my products under my listing. I demand for them to be removed."

• Yes

• No

Answer explanation

Yes, RO is asking us to remove offers from their listing; but are they expressing those offers are legitimate?

This Canada Copyright complaint is a mess! I know for sure there's no tampering, but RO selected PDP from the dropdown, targeted the images in the free text communication, and I can see that their copyrighted work is on the mug they're targeting. How should I enforce this?

• This is 100% holistic, enforce the contributing seller for every thing the RO mentioned.

• Guide yourself with the dropdown (PDP). Machines would do it so anyways!

• Images should be it. The RO is consciously writing about them after all.

• Definitely go for PP!

Answer explanation

Please always remember to follow the SOP order!

1. PP

2. Images

3. PDP (text)

Steven and I received the same TrademarkComplaintCounterfeit case reporting TM 1457502; only that he received it in .DE and I did in .CA I do not understand why I got a defect. Do you have any clue?