Trademark Cease and Desist - Online Marketplace (Texas)

TRADEMARK CEASE AND DESIST LETTER — ONLINE MARKETPLACE INFRINGEMENT

STATE OF TEXAS — FEDERAL AND STATE LAW

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [________________________________]

Date: [__/__/____]

PRIVILEGED AND CONFIDENTIAL

TO:

FROM:

RE: DEMAND TO CEASE AND DESIST — Unauthorized Use of the [________________________________] Trademark(s) on [________________________________] Online Marketplace — Violations of Federal Lanham Act, Texas Trademark Act, Texas DTPA, and Texas Penal Code

PART I: LEGAL FRAMEWORK — FEDERAL AND TEXAS STATE LAW

A. Federal Trademark Protection — The Lanham Act

This firm represents [________________________________] ("Our Client" or "Trademark Owner") in connection with the protection and enforcement of its trademark rights under both federal and Texas state law. This letter constitutes formal notice and demand that you immediately cease and desist from all unauthorized use of Our Client's trademark(s) on the [________________________________] online marketplace.

The Lanham Act, 15 U.S.C. § 1051 et seq., provides comprehensive federal protection:

• 15 U.S.C. § 1114(1): Prohibits use of any reproduction, counterfeit, copy, or colorable imitation of a registered mark where such use is likely to cause confusion
• 15 U.S.C. § 1125(a): Prohibits false designation of origin and misleading descriptions in commerce
• 15 U.S.C. § 1125(c): Protects famous marks against dilution
• 15 U.S.C. § 1117(a): Recovery of profits, damages (up to treble), costs, and attorneys' fees in exceptional cases
• 15 U.S.C. § 1117(c): Statutory damages: $1,000-$200,000 per counterfeit mark per type of goods ($2,000,000 for willful)

B. Texas Trademark Act — Tex. Bus. & Com. Code § 16.001 et seq.

Texas provides comprehensive state trademark protection under Chapter 16 of the Business and Commerce Code:

• Tex. Bus. & Com. Code § 16.001 — Definitions: Defines key terms including:
• "Trademark" — a word, name, symbol, or device, or any combination thereof, used by a person to identify and distinguish the person's goods from the goods manufactured or sold by another; and indicate the source of the goods
• "Service mark" — a word, name, symbol, or device, or any combination thereof, used by a person to identify and distinguish the services of one person from the services of another

• "Mark" includes both trademarks and service marks

• Tex. Bus. & Com. Code § 16.015 — Registration: Provides for registration with the Texas Secretary of State

• Tex. Bus. & Com. Code § 16.020 — Duration and Renewal: Registrations are effective for five years with renewal

• Tex. Bus. & Com. Code § 16.026 — Classification: Texas follows the international classification system

• Tex. Bus. & Com. Code § 16.102 — Infringement: A person commits trademark infringement when the person uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark registered under Texas law in connection with the sale, distribution, offering for sale, or advertising of goods or services where such use is likely to cause confusion, mistake, or deception

• Tex. Bus. & Com. Code § 16.103 — Remedies: Courts may:

• Grant injunctive relief according to principles of equity
• Award the complainant all profits derived from the wrongful act
• Award damages sustained by the complainant
• Award reasonable attorneys' fees in the court's discretion
• Order destruction of counterfeits and imitations

• In cases involving counterfeit marks, the court may in its discretion award treble damages or treble profits, whichever amount is greater, together with reasonable attorneys' fees

• Tex. Bus. & Com. Code § 16.104 — Dilution: The owner of a mark that is famous in Texas may obtain an injunction against another person's commercial use that causes dilution of the distinctive quality of the mark, regardless of competition or likelihood of confusion

C. Texas Deceptive Trade Practices — Consumer Protection Act (DTPA) — Tex. Bus. & Com. Code § 17.41 et seq.

The Texas DTPA is one of the most powerful consumer protection statutes in the United States and provides devastating remedies for trademark infringement:

• Tex. Bus. & Com. Code § 17.46(b) — Laundry List of Deceptive Practices: The following acts are declared unlawful deceptive trade practices:
• (1): Passing off goods or services as those of another
• (2): Causing confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services
• (3): Causing confusion or misunderstanding as to affiliation, connection, or association with another
• (5): Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities which they do not have
• (7): Representing that goods or services are of a particular standard, quality, or grade when they are of another
• (9): Advertising goods or services with intent not to supply a reasonable expectable public demand

• (24): Failing to disclose information concerning goods or services which was known at the time of the transaction if such failure to disclose was intended to induce the consumer into a transaction the consumer would not have entered into had the information been disclosed

• Tex. Bus. & Com. Code § 17.50 — Relief for Consumers: A consumer may maintain an action for:

• (a): Economic damages, damages for mental anguish, and any other relief the court deems proper
• (b)(1): Treble damages (three times the amount of economic damages) for knowing violations

• Additionally, the court shall award to the consumer reasonable and necessary attorneys' fees and court costs

• Tex. Bus. & Com. Code § 17.50(h): The prevailing consumer is entitled to attorneys' fees as a matter of right, not discretion

• Tex. Bus. & Com. Code § 17.47 — Restraining Orders / Attorney General Enforcement: The consumer protection division of the Texas Attorney General's office may bring enforcement actions including:

• Temporary restraining orders and permanent injunctions
• Civil penalties up to $10,000 per violation (and up to $250,000 if the violation was committed against a person aged 65 or older)
• Restitution to consumers

D. Texas Criminal Counterfeiting — Tex. Penal Code § 32.23

Texas provides graduated criminal penalties for trademark counterfeiting:

• Tex. Penal Code § 32.23(a): A person commits an offense if the person intentionally manufactures, displays, advertises, distributes, offers for sale, sells, or possesses with intent to sell or distribute a counterfeit mark or an item or service that bears or is identified by a counterfeit mark

• Graduated Penalties Based on Retail Value:

• Tex. Penal Code § 32.23(e): Aggregation — When items bearing counterfeit marks are obtained in violation pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense and the retail values may be aggregated

• Tex. Penal Code § 32.23(f): The offense is one category higher if the defendant has a prior conviction under this section

E. Contributory Infringement and First Sale Doctrine

The Fifth Circuit applies the Inwood Laboratories contributory infringement framework. Under Tiffany (NJ) Inc. v. eBay Inc., 600 F.3d 93 (2d Cir. 2010), marketplace platforms may face liability for specific knowledge of infringement.

The first sale doctrine permits resale of genuine goods but does not protect counterfeit or materially different goods. Kirtsaeng v. John Wiley & Sons, Inc., 568 U.S. 519 (2013). The Fifth Circuit applies the Elvis Presley Enters., Inc. v. Capece likelihood of confusion analysis, which includes consideration of the intent of the defendant, similarity of marks, similarity of products, identity of retail outlets, and purchaser care.

PART II: TRADEMARK OWNERSHIP AND REGISTRATION DETAILS

Federal Registration(s)

Additional Federal Registration(s) (if applicable)

Texas State Registration (if applicable)

Mark Type and Strength

☐ Word Mark ☐ Design Mark (Logo) ☐ Composite Mark ☐ Trade Dress

Our Client's mark is:
☐ Arbitrary or fanciful ☐ Suggestive ☐ Descriptive with secondary meaning ☐ Famous mark (dilution protection)

Our Client has continuously used the [________________________________] mark in interstate and Texas intrastate commerce since [__/__/____], including substantial sales to Texas consumers. Our Client maintains [________________________________] in Texas and has invested approximately $[________________________________] in marketing and brand development, including advertising targeting the Texas market through [________________________________].

PART III: IDENTIFICATION OF INFRINGING LISTINGS

Infringing Listing Detail Table

Nature of Infringement

☐ Identical reproduction of the registered mark on goods
☐ Confusingly similar mark or misspelling variation
☐ Use of mark in product title, description, or listing keywords
☐ Unauthorized use of logo or design mark in product images
☐ Use of trade dress (packaging, configuration, look and feel)
☐ False claims of authorized dealer or official seller status
☐ Sale of counterfeit goods bearing the mark
☐ Sale of materially different gray market goods
☐ Use of mark in backend search terms or meta tags
☐ Other: [________________________________]

Texas Consumer Impact and Market Significance

Texas is the second most populous state and a major e-commerce market:

☐ Infringing goods shipped to Texas addresses
☐ Texas consumers have purchased infringing goods
☐ Complaints received from Texas consumers
☐ The infringing listings compete with Our Client's authorized Texas distribution
☐ The seller is located in or ships from Texas
☐ Infringing goods enter the U.S. through Texas ports of entry (Laredo, El Paso, Houston, Dallas/Fort Worth)
☐ Aggregate retail value of infringing goods sold/offered to Texas consumers: $[________________________________]

PART IV: LEGAL VIOLATIONS — FEDERAL AND TEXAS STATE CLAIMS

A. Federal Claims Under the Lanham Act

1. Trademark Infringement — 15 U.S.C. § 1114(1)
Your unauthorized use of the [________________________________] mark constitutes infringement. The Fifth Circuit applies the Digits likelihood of confusion factors from Bd. of Supervisors for La. State Univ. Agric. & Mech. Coll. v. Smack Apparel Co., 550 F.3d 465 (5th Cir. 2008), and earlier precedent:

☐ Strength of the mark
☐ Similarity of the marks (design, composition)
☐ Similarity of the products or services
☐ Identity of the retail outlets and purchasers
☐ Identity of the advertising media used
☐ Defendant's intent
☐ Any evidence of actual confusion
☐ Degree of care exercised by potential purchasers

2. False Designation of Origin — 15 U.S.C. § 1125(a)

3. Trademark Dilution — 15 U.S.C. § 1125(c) (if applicable)
☐ Our Client's mark is famous, and your use dilutes it by ☐ blurring ☐ tarnishment.

4. Counterfeiting — 15 U.S.C. § 1117(c) / 18 U.S.C. § 2320 (if applicable)
☐ The goods are counterfeit, entitling Our Client to statutory damages.

B. Texas State Claims

5. Texas Trademark Infringement — Tex. Bus. & Com. Code § 16.102
Your use of a reproduction, counterfeit, copy, or colorable imitation of Our Client's mark in connection with the sale or advertising of goods constitutes infringement under the Texas Trademark Act.

Remedies under § 16.103:

• Injunctive relief
• All profits derived from the infringement
• Compensatory damages
• Treble damages or treble profits for counterfeit marks (whichever is greater)
• Reasonable attorneys' fees
• Destruction of infringing articles

6. Texas Trademark Dilution — Tex. Bus. & Com. Code § 16.104
☐ Our Client's mark is famous in Texas, and your use causes dilution of its distinctive quality regardless of competition or likelihood of confusion.

7. Texas DTPA Violations — Tex. Bus. & Com. Code § 17.46(b)
Your activities constitute deceptive trade practices in violation of the Texas DTPA, including:

• § 17.46(b)(1): Passing off goods as those of Our Client
• § 17.46(b)(2): Causing confusion as to the source, sponsorship, or approval of goods
• § 17.46(b)(3): Causing confusion as to affiliation or association with Our Client
• § 17.46(b)(5): Representing goods have sponsorship, approval, or characteristics they do not have
• § 17.46(b)(7): Representing goods are of a particular standard, quality, or grade when they are of another

DTPA Remedies under § 17.50:

• Economic damages
• Mental anguish damages (where applicable)
• TREBLE DAMAGES (3x economic damages) for knowing violations
• Mandatory attorneys' fees and court costs for prevailing consumer
• Additional relief the court deems proper

DTPA Treble Damages Analysis:
A violation is "knowing" if the defendant was aware of the deceptive nature of the act or practice at the time of the transaction. For online marketplace trademark infringement, the following factors support a finding of knowing conduct:

☐ Seller had actual notice of Our Client's trademark rights (e.g., through prior cease and desist)
☐ Seller's use of Our Client's exact registered mark demonstrates knowledge
☐ Pattern of similar infringing conduct across multiple listings or platforms
☐ Pricing substantially below authorized pricing indicates knowledge of unauthorized/counterfeit nature
☐ Seller's use of Our Client's copyrighted product images taken from official sources
☐ Seller's refusal to identify suppliers or sources of goods

8. Criminal Counterfeiting — Tex. Penal Code § 32.23 (if applicable)
☐ The intentional manufacture, sale, or possession for sale of goods bearing a counterfeit mark constitutes a criminal offense under Texas law with penalties ranging from a Class C misdemeanor to a first-degree felony (life imprisonment) depending on the aggregate retail value.

PART V: MARKETPLACE-SPECIFIC REPORTING PROCEDURES

A. Amazon Brand Registry

Texas Note: Amazon operates major fulfillment centers throughout Texas, including in Dallas-Fort Worth, Houston, San Antonio, Austin, and El Paso. Products stored in and shipped from Texas fulfillment centers are subject to Texas law. The aggregate value of goods in Texas facilities is relevant to both civil and criminal counterfeiting assessments.

B. eBay VeRO Program

C. Other Marketplace Platforms

Texas Practice Tip: Texas's position as a major international trade gateway, particularly along the U.S.-Mexico border, means that counterfeit goods frequently enter through Texas ports of entry. Laredo, Texas is the busiest inland port of entry in the United States. Consider coordinating with U.S. Customs and Border Protection at Texas border crossings and ports. Additionally, many Amazon third-party sellers are based in Texas, particularly in the Dallas-Fort Worth and Houston metropolitan areas.

PART VI: DEMANDS

A. Immediate Actions (Within 24 Hours)

1. Remove all infringing listings from the [________________________________] marketplace and all other online platforms.
2. Cease all use of the [________________________________] mark or any confusingly similar mark.
3. Remove all infringing content including images, descriptions, keywords, and meta tags.

B. Written Compliance (Within [____] Calendar Days)

4. Written confirmation of full compliance sent to undersigned counsel.
5. Full accounting including:
   - Total units sold and gross revenue (including Texas sales)
   - Current inventory count and warehouse/storage locations (including Texas facilities)
   - Supplier names, addresses, and contact information
   - All marketplace accounts operated
   - Import records for goods entering through Texas ports of entry
   - Sales records for shipments to Texas addresses
   - Aggregate retail value of all goods bearing Our Client's mark (for counterfeiting assessment under Tex. Penal Code § 32.23)
6. Surrender or destroy all infringing inventory with documented proof.

C. Ongoing Obligations

7. Permanent cessation of all use of Our Client's mark.
8. Preserve all records relating to purchase, sale, and distribution of infringing goods.

D. Compliance Deadline

All demands must be satisfied no later than [__/__/____].

PART VII: LITIGATION WARNING AND REMEDIES

A. Federal Court — Texas Districts

If you fail to comply, Our Client is prepared to file suit in the United States District Court for the ☐ Northern District of Texas (Dallas, Fort Worth, Lubbock, Amarillo, Abilene, San Angelo, Wichita Falls) ☐ Southern District of Texas (Houston, Galveston, Brownsville, Corpus Christi, Victoria, Laredo, McAllen) ☐ Eastern District of Texas (Tyler, Marshall, Beaumont, Texarkana, Sherman, Lufkin) ☐ Western District of Texas (San Antonio, Austin, El Paso, Midland-Odessa, Del Rio, Pecos, Waco), seeking:

• Temporary restraining order and preliminary injunction under 15 U.S.C. § 1116
• Permanent injunction
• Defendant's profits under 15 U.S.C. § 1117(a)
• Actual damages (up to treble) under 15 U.S.C. § 1117(a)
• Statutory damages of $1,000 to $2,000,000 per counterfeit mark per type of goods under 15 U.S.C. § 1117(c)
• Attorneys' fees in exceptional cases
• Destruction of infringing articles under 15 U.S.C. § 1118
• Ex parte seizure under 15 U.S.C. § 1116(d)

B. Texas State Court — District Court

Our Client may also pursue claims in Texas District Court (state trial court of general jurisdiction) seeking:

• Injunctive relief under Tex. Bus. & Com. Code § 16.103
• Profits and damages under Tex. Bus. & Com. Code § 16.103
• Treble damages or treble profits for counterfeiting under Tex. Bus. & Com. Code § 16.103
• Destruction of infringing articles under Tex. Bus. & Com. Code § 16.103
• DTPA remedies under Tex. Bus. & Com. Code § 17.50:
• Economic damages
• Treble economic damages for knowing violations
• Mandatory attorneys' fees and court costs
• Dilution injunction under Tex. Bus. & Com. Code § 16.104

C. Criminal Referral — Texas Penal Code § 32.23

☐ If counterfeit goods are involved, Our Client may refer this matter to:

• Local County or District Attorney (☐ Dallas County ☐ Harris County ☐ Bexar County ☐ Travis County ☐ [________________________________])
• Texas Attorney General — Consumer Protection Division
• U.S. Attorney (relevant Texas district)
• U.S. Customs and Border Protection (Laredo, El Paso, Houston, DFW)
• Homeland Security Investigations (HSI) — Texas offices

Texas Criminal Penalties — Tex. Penal Code § 32.23:

Note: Texas's graduated criminal counterfeiting penalties are among the most severe in the nation. The aggregation provision (§ 32.23(e)) allows prosecutors to aggregate the retail value of all goods bearing counterfeit marks obtained in one scheme or continuing course of conduct, potentially elevating misdemeanor conduct to felony charges.

D. Texas Attorney General Enforcement

The Texas Attorney General, Consumer Protection Division, may bring enforcement actions under the DTPA, including:

• Temporary restraining orders and permanent injunctions
• Civil penalties up to $10,000 per violation ($250,000 if victim is elderly)
• Restitution to consumers

Office of the Attorney General
Consumer Protection Division
P.O. Box 12548
Austin, TX 78711-2548

PART VIII: EVIDENCE PRESERVATION CHECKLIST

Attorney Preparation Checklist:

☐ Verified USPTO TSDR records
☐ Texas Secretary of State trademark records (SOSDirect)
☐ Screenshots of all infringing listings with timestamps
☐ Test purchase(s) shipped to Texas address with order confirmations
☐ Photographs comparing authentic vs. test-purchased goods
☐ Chain of custody documentation
☐ Evidence of Texas consumer sales/impact
☐ Marketing expenditure records (Texas-specific)
☐ Evidence of actual confusion from Texas consumers
☐ Prior enforcement records
☐ Marketplace platform correspondence
☐ Aggregate retail value calculation (for Tex. Penal Code § 32.23 assessment)
☐ Import/customs records for Texas ports of entry (if applicable)

Litigation Hold:

☐ Issue litigation hold notice to client
☐ Preserve electronic evidence including metadata
☐ Save marketplace platform communications
☐ Document marketplace IP report filings

PART IX: TEXAS-SPECIFIC PRACTICE NOTES

A. Fifth Circuit Likelihood of Confusion — Digits Factors

The Fifth Circuit applies an eight-factor test for likelihood of confusion, often called the Digits factors, as applied in Bd. of Supervisors for La. State Univ. Agric. & Mech. Coll. v. Smack Apparel Co., 550 F.3d 465 (5th Cir. 2008):

1. Strength of the plaintiff's mark
2. Similarity of design between the marks
3. Similarity of the products
4. Identity of retail outlets and purchasers
5. Similarity of advertising media used
6. The defendant's intent
7. Any evidence of actual confusion
8. Degree of care exercised by potential purchasers

No single factor is dispositive, and the factors are not applied mechanically. For online marketplace cases, factors 3 (identical products), 4 (same retail outlet — the marketplace platform), and 5 (same advertising medium — internet) will typically weigh strongly in favor of confusion.

B. Texas DTPA — Strategic Powerhouse

The Texas DTPA is one of the most plaintiff-friendly consumer protection statutes in the nation. Key strategic considerations for trademark enforcement:

Treble Damages:

• The DTPA provides automatic treble damages for "knowing" violations (§ 17.50(b)(1))
• "Knowing" requires only that the defendant was aware of the deceptive nature of the conduct — not that they intended harm
• For online marketplace trademark infringement, knowledge is readily established through:
• Prior cease and desist notice (this letter establishes knowledge)
• Use of an exact registered trademark (constructive notice via registration)
• Pattern of systematic infringement

Mandatory Attorneys' Fees:

• Under § 17.50, a prevailing consumer is entitled to attorneys' fees as a matter of right
• This is not discretionary — the court must award reasonable attorneys' fees
• This provision makes even modest DTPA claims economically viable

DTPA Standing — "Consumer" Requirement:

• A DTPA plaintiff must be a "consumer" who seeks or acquires goods or services by purchase or lease
• For trademark owners, standing may be established if the owner purchased the infringing goods (test purchase) or if the owner can demonstrate that the infringement affected goods or services the owner sought to provide to Texas consumers

Pre-Suit Notice Requirement:

• IMPORTANT: Tex. Bus. & Com. Code § 17.505(a) requires that at least 60 days before filing a DTPA suit, the consumer must give written notice to the defendant of the specific complaint and the amount of economic damages, mental anguish damages, and expenses (including attorneys' fees) claimed
• This cease and desist letter may serve as the required DTPA pre-suit notice if it includes the specific information required by § 17.505
• If you intend to file a DTPA suit, ensure this letter satisfies the pre-suit notice requirements

C. Texas as International Trade Gateway

Texas is the nation's largest trading state, with significant implications for trademark enforcement:

• Laredo, TX is the busiest inland port of entry in the United States
• El Paso, TX is a major border crossing point
• Houston is home to the Port of Houston, one of the busiest seaports in the nation
• Dallas/Fort Worth is a major air cargo hub
• Consider CBP recordation (19 C.F.R. Part 133) to facilitate border seizure
• ICE/HSI has major operations in Texas focused on cross-border counterfeiting
• The U.S.-Mexico border creates unique enforcement considerations for goods transiting through Texas

D. Texas Secretary of State — Trademark Registration and Entity Searches

For trademark filing and entity verification:

Texas Secretary of State
Statutory Filings Division
P.O. Box 13697
Austin, TX 78711-3697

Online search (SOSDirect): https://www.sos.state.tx.us/corp/sosda/index.shtml

This resource allows:

• Trademark/service mark searches
• Business entity searches (corporations, LLCs, partnerships, LPs)
• Verification of seller entity status and registered agent
• Filing of new trademark applications

E. Eastern District of Texas — Venue Considerations

The Eastern District of Texas, particularly the Marshall and Tyler divisions, has historically been a popular venue for IP litigation due to:

• Favorable local rules for IP cases
• Efficient case management and faster time to trial
• Experienced bench in IP matters
• Jury pools perceived as favorable to IP owners

Practice Tip: When evaluating venue for a federal trademark infringement suit arising from online marketplace sales in Texas, consider the strategic advantages of different Texas districts. The Northern District (Dallas) and Southern District (Houston) also have significant IP litigation experience.

F. DTPA Pre-Suit Notice — Dual Purpose of This Letter

This cease and desist letter can serve the dual purpose of (1) demanding cessation of infringement and (2) satisfying the DTPA's 60-day pre-suit notice requirement under § 17.505(a). To ensure compliance with the pre-suit notice requirement, include the following information:

☐ Specific complaint (unauthorized use of trademark on online marketplace)
☐ Amount of economic damages claimed: $[________________________________]
☐ Amount of mental anguish damages claimed (if applicable): $[________________________________]
☐ Amount of attorneys' fees and expenses incurred: $[________________________________]

Note: The defendant has 60 days from receipt to tender a written settlement offer. If the offer is rejected and the plaintiff recovers less than the amount offered, the plaintiff may not recover attorneys' fees for the period after rejection.

SIGNATURE AND DELIVERY

This letter is written without prejudice to any and all rights and remedies available to Our Client under federal and Texas state law, all of which are expressly reserved.

Respectfully but firmly,

[________________________________]
Attorney for [________________________________]

___________________________________________
Signature

[________________________________]
Name (Printed)

Texas Bar No.: [________________________________]

[________________________________]
Firm Name

[________________________________]
Address

[________________________________]
Telephone / Email

Date: [__/__/____]

ENCLOSURES AND EXHIBITS

☐ Exhibit A: Screenshots of Infringing Listings
☐ Exhibit B: Federal Trademark Registration Certificate(s)
☐ Exhibit C: Texas State Trademark Registration (if applicable)
☐ Exhibit D: TSDR Printout(s)
☐ Exhibit E: Comparison of Authentic vs. Infringing Goods
☐ Exhibit F: Test Purchase Documentation (Texas delivery)
☐ Exhibit G: Evidence of Texas Consumer Sales/Impact
☐ Exhibit H: Marketplace Seller Profile Screenshots
☐ Exhibit I: Aggregate Retail Value Calculation (for Tex. Penal Code § 32.23)
☐ Exhibit J: DTPA Pre-Suit Notice Calculation (§ 17.505)

CERTIFICATE OF SERVICE

SOURCES AND REFERENCES

• Lanham Act, 15 U.S.C. §§ 1051-1141n
• Texas Trademark Act, Tex. Bus. & Com. Code § 16.001 et seq.
• Texas Deceptive Trade Practices Act, Tex. Bus. & Com. Code § 17.41 et seq.
• Tex. Penal Code § 32.23 (Trademark Counterfeiting)
• Tiffany (NJ) Inc. v. eBay Inc., 600 F.3d 93 (2d Cir. 2010)
• Bd. of Supervisors for LSU v. Smack Apparel Co., 550 F.3d 465 (5th Cir. 2008)
• Elvis Presley Enters. v. Capece, 141 F.3d 188 (5th Cir. 1998)
• Inwood Laboratories v. Ives Laboratories, 456 U.S. 844 (1982)
• Kirtsaeng v. John Wiley & Sons, 568 U.S. 519 (2013)
• Texas Secretary of State (SOSDirect): https://www.sos.state.tx.us
• Texas Attorney General, Consumer Protection: https://www.texasattorneygeneral.gov/consumer-protection
• Texas Secretary of State, Trademarks FAQ: https://www.sos.state.tx.us/corp/tradefaqs.shtml
• Amazon Brand Registry: https://brandregistry.amazon.com
• eBay VeRO Program: https://www.ebay.com/help/policies/listing-policies/selling-policies/intellectual-property-vero-program