Ignorance of the law is not an excuse. This is a tough lesson to learn for many small business owners.
Similarly, a company can accuse you of infringing their rights even if you’ve never heard of them.
When I worked for large law firms, I frequently reached out to owners of a #smallbusiness to let them know that they were infringing my client’s #brand. The excuses I heard from #entrepreneurs included:
– But I never heard of your client
– I didn’t know that I couldn’t use your client’s name
– But that is my last name
– The 1st amendment lets me use any name I want
– My Secretary of State approved my name
– The IRS approved that name
– I came up with my name all on my own
– I own the domain name for that brand name
– But I really like my name
– I paid a fancy marketing agency to come up with my name
– etc.
Guess what— NONE OF THIS MATTERS.
I insisted that these small businesses respect my clients’ intellectual property rights. After all, it wasn’t my clients’ fault that these SMBs did not understand this area of the law.
However:
– I do have a heart
– I did feel bad for these SMBs
– I did feel more kinship with these SMBs than with my large company clients
– I did make a change to help these companies
I jumped from the dark side. I established a firm whose PURPOSE is to help the SMBs reduce liability and increase rights related to the brands that they use.
One way I do this is to EDUCATE. I post online multiple times each week. I attend networking meetings on a regular basis. I want to get the word out to SMBs.
Another thing I do is offer services that SMBs can afford and offer them in a way that they can understand.
In the next post I’ll cover why you don’t want to be an infringer, and then I’ll discuss my primary services that help SMBs.
An Essential Guide to the Trademark Application Process
Companies that wish to trademark business names, logos, slogans, and more must work through the trademark application process. Find out how it works here.
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