Someone Else is Using My Brand
Defend Your Brand
You must defend your brand if you want to maintain your legal rights in your brand. We can help you do this effectively.
You probably want to know how aggressive you should be. We can help you understand the legal pros and cons of items such as which parties you should contact, what form the initial contact should take and how far you should push the issue.
After careful consideration, you can then consider these options in light of your business objectives, and we can find a solution that is well suited for you.
What Now?
You will feel anxiety the moment you become aware that someone else is using a similar name to sell a related product. Your first thought is “I’ll sue them!,” but then you will wonder “Can I win a suit?,” “Do I have rights?,” “Who do I call?,” “Can they stop me from using my brand?,” “Is suing even the right step?,” and of course “How much will this all cost?”
While these questions are valid, your brand will lose value if you allow competitors to cause confusion with your customers. The cost of changing your brand may be more expensive. You need to call an expert in brand protection to discuss your options to resolve this situation. It is likely far less costly than you think.
What Are My Options?
You have many options when you find someone using a brand similar to yours. You may be surprised to learn that filing a lawsuit is seldom necessary, and is rarely an early step. We can also help you consider non-legal implications. For example, maybe you can find a way to turn this into a win-win; or maybe you need to consider the marketing and/or public relation implications if you are too aggressive.
You should gather all the relevant information before you move forward. This fact-finding mission could prevent you from admitting your own infringement, keep you from an embarrassing situation or allow you to find a great solution.
Our firm can help you decide if action is warranted, and what your path to a good resolution should look like. This area of brand protection is like chess, and you need to play the game several moves ahead. We know the rules that can help you get the result you want.