NCPA IP Enforcement Seminar 2025 - Overview and Enforcement Strategies

Sep 16, 2026

NCPA Annual Property Enforcement Seminar 2025 presents an actionable framework for protecting and enforcing intellectual property rights. It outlines common infringement problems, including knock-off and counterfeit products, misleading associations, and violations of protected IP. The seminar explains how to build and maintain an IP portfolio through patents, trade secrets, trademarks, trade dress, and copyrights, then details enforcement paths such as online marketplace action, cease-and-desist letters, court options, and ITC involvement, with practical considerations for desired remedies, scope, timing, and budget.

LanguageEnglish

CategoryPresentations

FormatPDF

Pages31

Reading Time11 min

AccessFree to download

Overview of Discussion

The Problem - Infringers

The Solution - Develop a Strategic Intellectual Property Portfolio

Part I: Building Your IP Portfolio

Utility Patents

Design Patents

Trade Secret

Trademarks

Trade Dress

Copyrights

Part II: Enforcing Your IP Rights

Multiple Ways to Utilize Your IP Portfolio to Attack Infringers

What To Consider?

Working Directly With Online Marketplaces and Entities

Digital Millennium Copyright Act (DMCA) Requirements

Amazon Enforcement (Copyright)

4/23/2025 |
Intellectual
NCPA Annual |
Property Enforcement
Seminar 2025
Erin Galloway
Paralegal, Trademark Team Venable LLP
202.344.4456
[ebgalloway@venable.com](ebgalloway@venable.com) | © 2025 Venable LLP | | --- | --- | --- | 1 |
Overview of Discussion
• The Problem – Infringers
– Selling Knock-Off or Counterfeit Products
– Selling Products that Infringe Your Intellectual Property (IP)
– Making False Associations With Your Company
• The Solution
– Develop a Strategic Intellectual Property Portfolio
– Enforce your rights | | | | --- | --- | --- | | © 2025 Venable LLP | | 2 | 2 4/23/2025 |

Part I: Building Your IP Portfolio
• What are the building blocks for your Portfolio
– Utility Patents for Functional Aspects of Product
• Must be novel and non-obvious
– Design Patents for Ornamental Appearance of Product
• Must also be novel and non-obvious (low bar)
– Trade Secret
• Covers the same subject matter as a patent, but not filed publically
– Trademarks for Brand, Slogans, Product Names
• Protects consumer association with your product or service
– Trade Dress for Non-Functional Ornamental Features
• Must have secondary meaning to enforce
– Copyrights
• Paintings, photographs, patterns, etc. that are separable from the product
© 2025 Venable LLP | 3 | | --- | --- | 3 | Example – HICKIES | | |
HICKIES Word Mark | | | --- | --- | --- | --- | --- | | © 2025 Venable LLP | |
Plus, pending trade dress applications. | | 4 | 4 4/23/2025 |
Example – Ernie Barnes “The Sugar Shack”
Ernie Barnes – Trademark Name, Image, Likeness
“The Sugar Shack” -copyright | | | | --- | --- | --- | | | | | | © 2025 Venable LLP | | 5 | 5 © 2025 Venable LLP Example – “The Sugar Shack” infringements 6 6 4/23/2025 | Example – Snoop on the Stoop

Snoop Dogg and Snoop
on the Stoop – word mark
and logo (stylized mark)
Snoop Dogg’s Name,
Image, Likeness
© 2025 Venable LLP
| 7 | | --- | --- | 7 | Example – Snoop on the Stoop infringements
© 2025 Venable LLP

| 8 | | --- | --- | 8 4/23/2025 Example – Stand Up To Cancer infringements Word mark and logo © 2025 Venable LLP 9 9 |
Part II: Enforcing Your IP Rights
• Multiple ways to utilize your IP Portfolio to attack infringers
– Working Directly With the Online Market Places, websites and social media pages
– Cease and Desist Letter
– Federal Court
– International Trade Commission (ITC)
– Federal Or State Government | | | | --- | --- | --- | | © 2025 Venable LLP | | 10 | 10 4/23/2025 |
What To Consider?
• The nature of the relief desired
– Money, injunction, or both
• Which laws were violated
• The scope of the relief sought
– Limited, national, or international
• Time frame
• Budget | | | | | --- | --- | --- | --- | | © 2025 Venable LLP | | | 11 | 11 |

Working Directly With Online Marketplaces and Entities
• Amazon
– Brand Registry-[https://sell.amazon.com/brand-registry](https://sell.amazon.com/brand-registry)
– Report Infringement Form-[https://www.amazon.com/report/infringement](https://www.amazon.com/report/infringement)
• ebay – Verified Rights Owner Program (VeRO) -
[https://www.ebay.com/help/default/default/verified-rights-owner-vero-policy?id=4349](https://www.ebay.com/help/default/default/verified-rights-owner-vero-policy?id=4349)
• Etsy
– Infringement portal-[https://www.etsy.com/ipreporting](https://www.etsy.com/ipreporting)
– one-off complaint-[https://www.etsy.com/legal/ip/report](https://www.etsy.com/legal/ip/report)
• Alibaba
– International Property Protection Portal (IPPP) -[https://ipp.aidcgroup.net/\#/ippHome](https://ipp.aidcgroup.net/#/ippHome)
– one-off complaint-[https://ipp.aidcgroup.net/complaint/onlineForm/online.htm](https://ipp.aidcgroup.net/complaint/onlineForm/online.ht

FAQs

What types of infringement does the seminar identify as the main problems?

It covers infringers selling knock-offs or counterfeit products, selling products that infringe IP, and making false associations with a company.

How does the seminar suggest building an IP portfolio for enforcement?

It recommends developing a strategic portfolio using utility patents, design patents, trade secrets, trademarks, trade dress, and copyrights, emphasizing novelty and enforceable associations where applicable.

What enforcement options are discussed for attacking infringers?

The seminar highlights working directly with online marketplaces and entities, using cease-and-desist letters, pursuing federal court, and engaging the International Trade Commission (ITC), along with federal or state government approaches.

Sep 16, 2026

Uploaded by Riley West