Take it down immediately! Photographer MARK GEMMELL is protecting his copyright! The attorney in charge is still Keith Beware and act quickly!
Take down the photo now! Photographer Mark Gemmell is enforcing his copyright The attorney in charge is Keith, so act fast and be cautious
GEMMELL studied at Burnville Art College and is a fine art photographer specializing in creating quirky and imaginative images of livestock. Many of his photos depict cows and sheep in unpredictable landscapes. MARK GEMMELL’s images are characterized by a focus on the animal’s head, capturing the unique and dynamic nature of livestock up close. ****
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Filing Date: May 22, 2023 Case Numbers: 23-cv-3193, 23-cv-3197 Plaintiff Brand: MARK GEMMELL Copyrighted Artwork Brand Owner: MARK GEMMELL Law Firm: Keith Filing Location: Illinois, USA
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What to do with Brand Infringement?
First, if one of the acts infringing on trademark exclusive rights listed in the Trademark Law causes a dispute, the parties involved should resolve it through negotiation.
Second, for trademark infringement disputes, if the parties involved refuse to negotiate or negotiations fail, the trademark registrant or interested party may file a lawsuit with the People’s Court or request that the Administration for Industry and Commerce handle the matter.
Third, if the matter is filed with the People’s Court, it will be processed according to legal procedures; if it is handled by the Administration for Industry and Commerce, if it is determined that infringement has occurred, the infringing party will be ordered to immediately cease the infringement, confiscate and destroy the infringing goods and tools specifically used to manufacture infringing goods and counterfeit registered trademark logos, and may be fined.
Fourth, if the parties involved are dissatisfied with the Administration for Industry and Commerce’s handling decision, they may file an administrative lawsuit with the People’s Court; if the infringing party fails to file a lawsuit upon expiration of the term and fails to perform, the Administration for Industry and Commerce may apply to the People’s Court for compulsory enforcement.
The fifth point is that the industrial and commercial administration department handling the case can mediate the amount of compensation for the infringement of the trademark exclusive right based on the request of the parties involved. If mediation fails, the parties concerned may file a lawsuit with the people’s court in accordance with the Civil Procedure Law.
(Note: The original text contains some legal jargon and technical terms, so the translation may not be easy to understand for everyone.)
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