Good branding can make or break a company. When customers know and trust your product, they will look for your logo or brand name when making a purchase. Unfortunately, with success comes the risk of someone trying to elbow in on your market.
Unscrupulous competitors could potentially duplicate your packaging or create knockoff versions of your products that sport your logo. Not only could such products cut in to your market share, but they could also damage your reputation if they aren’t of the same quality as what your company offers.
What can you do if a business infringes on your intellectual property by using your company’s logo?
Locate the source of the issue, and ask them to stop
Sending cease-and-desist letters is a common practice among those facing intellectual property violations. Notifying the other party of their infringement is a crucial step.
If you locate your products in a specific business, that retailer can likely provide you with information about the supplier they used. If the sales are online, you can send a notice to whomever holds the registration for the website or the company’s listed address. It’s worth noting that some website uses of a logo may fall under fair use standards, but printing your logo on their products isn’t one of them.
If they don’t stop, you can take them to court and seek damages
If the other company continues using your logo or otherwise using your company’s brand for their own gain, you may have no choice but to take them to court. In fact, you may choose to sue them for the infringement even if they stopped after you sent a cease-and-desist letter. Depending on the extent of the infringement, you may be able to claim the profit they made off of the infringing products or even damages because of the impact on your company.
Building an intellectual property claim against another business typically requires preparation and documentation, such as sales records, to validate claims for compensation. Getting experienced legal assistance with that process can make it easier and increase your chances of success.
