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Overview

Digital marketplaces provide new growth opportunities, but they also create fertile ground for widespread intellectual property theft and abuse. Unauthorized sellers frequently exploit protected patents and trademarks on eCommerce marketplaces, including Amazon, eBay, Walmart, Etsy, Shopify, TikTok Shop, Facebook Marketplace, Instagram, Alibaba, and AliExpress.

Without proactive marketplace monitoring and swift Digital Millennium Copyright Act (DMCA) takedown enforcement, these infringements can damage your brand reputation, erode your market share through counterfeit products, and diminish the value of your intellectual property portfolio.

Dunlap Bennett & Ludwig offers powerful, proactive solutions designed to protect patents and trademarks from infringement across major online platforms—backed by the expertise of our skilled intellectual property team.

What We Do

Dunlap Bennett & Ludwig combines advanced infringement detection tools with legal expertise to identify and remove infringing content across the eCommerce landscape. Our attorneys work alongside powerful monitoring systems to deliver results.

  • Marketplace monitoring and detection: Our proprietary system scans key platforms daily using advanced AI, image recognition, and text analysis to detect possible infringement of your patents and trademarks. We continuously refine our algorithm to ensure maximum detection accuracy for patent violations and trademark counterfeiting.
  • Legal review and analysis: Unlike automated services that generate false positives, each suspected infringement is reviewed by our experienced intellectual property attorneys to ensure accuracy and develop an appropriate enforcement strategy that aligns with your business objectives.
  • Reporting and recommendations: Clients receive comprehensive monthly reports detailing all identified potential patent and trademark infringements, attorney analysis of each violation, risk assessment and enforcement prioritization, recommended takedown and enforcement actions, and ongoing case tracking and resolution status updates.
  • Takedown enforcement: Upon approval, our team executes cease-and-desist communications, platform-specific DMCA takedown notices, Amazon Brand Registry enforcement submissions, eBay VeRO Program takedown filings, and follow-up monitoring to ensure compliance and removal.
  • Escalated enforcement: If needed, we escalate matters, responding to counternotices, platform appeals, and marketplace dispute resolution systems, including the following:
    • Amazon Patent Evaluation Express (APEX) proceedings
    • Bay Verified Rights Owner (VeRO) program appeals
    • Alibaba Intellectual Property Protection Platform (IPP) disputes
    • Walmart Brand Portal escalation procedures
    • Etsy Intellectual Property appeal processes
    • Shopify DMCA counter-notification responses
  • We also negotiate settlement agreements, devise payment processor intervention strategies, handle U.S. Customs recordation and border enforcement matters, represent companies in domain name disputes and website takedowns, and handle ISP-level enforcement actions.
  • Litigation: When warranted, our team handles the full scope of patent and trademark enforcement litigation in federal courts and before international tribunals, including filing and responding to preliminary and permanent injunction proceedings and damages recovery actions.

 

Our firm also provides robust defense services for businesses facing allegations of intellectual property infringement. If you’ve received a cease-and-desist letter, DMCA takedown notice, or platform complaint regarding patent, trademark, or copyright infringement, our experienced intellectual property defense attorneys can help.

We provide strategic analysis of infringement claims, prepare effective responses to takedown notices, represent clients in platform dispute proceedings, including Amazon’s APEX, and develop noninfringement positions and design-around strategies.

Our defense team works to keep your products listed and your business operational while navigating complex intellectual property disputes with a focus on practical, cost-effective solutions.

The benefits of our approach to patent and trademark enforcement

Choosing an intellectual property enforcement partner is about more than just removing infringing listings. It’s about protecting the long-term value of your brand. We believe that effective enforcement requires legal precision and advanced technology. By combining proactive monitoring, experienced legal counsel, and strategic enforcement planning, we offer a solution that’s tailored, transparent, and results-driven. Our implementation process is tailored to your specific needs:
  • Initial consultation: Assess your patent and trademark portfolio and business objectives
  • Program configuration: Set up custom monitoring parameters and enforcement protocols
  • Strategy development: Create a tailored takedown approach based on your priorities
  • System integration: Configure reporting systems and communication channels
  • Program launch: Activate monitoring and initial baseline assessment

Here its benefits:

1. Integrated legal acumen + technology

Unlike pure technology solutions without legal oversight or traditional law firms without technical capabilities, our program integrates cutting-edge monitoring technology with advice from seasoned intellectual property attorneys with deep expertise in eCommerce patent and trademark infringement matters.

 

2. Strategic approach to marketplace enforcement

We don’t just blindly enforce. We develop strategic enforcement priorities based on your business objectives, focusing resources where they deliver the greatest value against counterfeits and infringements.

 

3. Comprehensive platform coverage

Our program covers the entire enforcement lifecycle across all major eCommerce platforms, from monitoring through litigation if necessary, providing seamless protection without handoffs between vendors.

 

4. Measurable anti-counterfeiting results

Regular reporting includes key performance metrics, demonstrating the program’s effectiveness and return on investment for your brand protection efforts.

 

5. Fee predictability

Our fee structure provides budget certainty for your ongoing intellectual property protection needs while allowing for flexible escalation options when necessary for persistent infringers.

We offer a flat monthly rate tailored to the size of your intellectual property portfolio and enforcement and monitoring needs. Our base monthly fee includes the following:

  • Continuous marketplace monitoring across all major platforms
  • Patent attorney and trademark lawyer review of potential infringements
  • Monthly detailed infringement and counterfeiting reports
  • Strategic enforcement and takedown recommendations
  • Dedicated intellectual property enforcement coordinator
For an additional discounted fee for program members:
  • Preparation and sending of cease and desist letters
  • Standard platform DMCA takedown notices
  • Amazon Brand Registry enforcement actions
  • Dedicated intellectual property enforcement coordinator
  • Monthly strategy consultation call
  • Take Down Notices (or Defense of Notice Received) for:
    • Amazon – Report Infringement Form & Brand Registry Program
    • Amazon APEX Neutral Third Party Evaluation
    • Etsy – Etsy Reporting Portal & DMCA Notice System
    • eBay – Verified Rights Owner (VeRO) Program
    • Shopify – DMCA Notice and Takedown Procedure
    • TikTok – Intellectual Property Protection Centre (IPPC)
    • Alibaba – Intellectual Property Protection (IPP) Platform
    • Facebook/Meta – Intellectual Property Infringement Reporting Form
    • Walmart – Brand Portal & Marketplace IP Claim Form
    • Temu – IP Protection Portal
    • AliExpress – IPP Platform (same as Alibaba)
    • Wish – Brand Rights Protection Program
    • Google Shopping – Trusted Copyright Removal Program
    • Wayfair – Copyright & Trademark Infringement Reporting Form
    • Pinterest – Intellectual Property Policy & Reporting System
    • TikTok – Intellectual Property Protection Centre (IPPC)
  • State and Federal Disputes and Litigation

When cases require escalation beyond the initial enforcement steps, we offer flexible fee arrangements tailored to your specific needs and objectives. Our transparent pricing structure ensures you always know what to expect, with no surprise bills or hidden costs.

Contact us to discuss custom fee arrangements for matters including these:

  • Platform dispute resolution procedures
  • Settlement negotiations
  • Federal court intellectual property litigation
  • International enforcement campaigns

Why choose Dunlap Bennett & Ludwig for patent and trademark enforcement?

When it comes to enforcing your intellectual property rights in today’s fast-moving digital marketplace, experience matters. At Dunlap Bennett & Ludwig, we don’t just offer legal services—we deliver proven results.

Our attorneys have helped clients across a wide range of industries defend and enforce their patents and trademarks against infringers on major eCommerce platforms. From removing counterfeit listings to defending against wrongful claims, we have a track record of practical victories that protect brand integrity and drive business outcomes.

Check out our success stories:

Design patent protection for specialty apparel

Challenge: A client with a U.S. design patent for an innovative clothing article was experiencing widespread infringement across multiple eCommerce platforms, with counterfeit products eroding market share and brand value.

Action: We implemented comprehensive monitoring across major marketplaces, identifying dozens of unauthorized sellers offering products that infringed our client’s design patent. Our legal team issued strategically crafted demand letters to infringing sellers, establishing the validity of our client’s design patent and outlining specific legal remedies available under U.S. patent law.

Results:

  • Most infringing sellers immediately removed their products from all platforms
  • Multiple infringers shipped their remaining inventory directly to our client as part of settlement terms
  • Several sellers disgorged all profits from infringing sales to our client
  • Ongoing monitoring continues to identify and remove new infringements within days of listing

 

The successful enforcement restored our client’s market position and significantly increased its legitimate sales volume by eliminating unauthorized competition.

Utility patent enforcement for audio technology

 
Challenge: A manufacturer of patented audio devices faced rampant infringement across eCommerce platforms, with dozens of competitors selling products that incorporated our client’s patented technology without authorization. 

Action: After attorney review confirmed infringement, we executed a coordinated enforcement campaign across multiple platforms simultaneously, filing takedown notices and issuing comprehensive cease-and-desist letters that included detailed patent claim charts.

Results:

  • Removed most infringing product listings within the first 60 days
  • Secured monetary settlements from multiple major infringers, including disgorgement of profits
  • Negotiated licensing agreements with three former infringers, creating new revenue streams
  • Achieved a significant reduction in marketplace infringement year over year
  • Restored proper pricing power for our client’s products by eliminating unauthorized competition

 

The ongoing enforcement program maintains a significantly cleaner marketplace, allowing our client to invest in further innovation with confidence that its intellectual property will be protected.

Successfully defending against false patent infringement claims

 

Challenge: Our client, a seller of specialized headgear on Amazon, was accused of patent infringement through Amazon’s notice system. The accusations triggered Amazon’s restrictive policies, threatening to remove our client’s entire product line and jeopardize its business.

Action: Our team prepared a comprehensive noninfringement position, demonstrating that our client’s products used fundamentally different technical approaches from those claimed in the asserted patent. We presented detailed documentation and analysis through the Amazon APEX Neutral Third-Party Evaluation proceeding.

Results: The APEX evaluator ruled completely in favor of our client:

  • Determining that our client’s products did not infringe any valid claim of the asserted patent
  • Finding that the accuser’s interpretation of its patent claims was unreasonably broad
  • Reinstating our client’s product listings with priority status
  • Imposing a penalty on the accuser for filing a meritless claim

 

This successful defense kept our client’s products on the market and prevented what appeared to be an anticompetitive attempt to remove legitimate competition from the platform. Our client has since expanded its product line and increased its market share.

Get started with patent and trademark protection today

Contact us to schedule a confidential consultation and receive a tailored eCommerce enforcement proposal to start protecting your patents and trademarks. Call us at 800-747-9354 or email clientservices@dbllawyers.com. 

OUR TEAM

Partners

Thomas Dunlap

Partner

David Ludwig

Partner

Team

Stephanie Fields

Associate

Mark Magas

Senior Associate

Michael Shafer

Senior Associate

Hyung Gyu (Leo) Sun

Senior Associate

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Intellectual Property

Intern Program

As part of our effort to recruit, develop and retail the best and brightest attorneys, Dunlap Bennett & Ludwig offers a summer intern program for promising law school students who are looking to work as part of an innovative and incredibly successful team. With a global team of lawyers, selected candidates are able to work on high level projects in a collaborative space.

Paralegals and Legal Support Staff

At Dunlap Bennett & Ludwig, our team of paralegals and staff work together collaboratively along side our attorneys toward a common goal. We have created a positive work environment where our paralegals and legal assistants work to successfully reach firm-wide goals and support each other to combine individual strengths to enhance team performance. They regularly assist our attorneys with organizing and maintaining files, conducting legal research, and preparing documents.