Trademark Infringement Solutions in Utah
Some thirty years ago, trademark infringement was the kind of legal activity only big corporations most likely engaged in. Today, thanks to the explosion of business types and ventures on the Internet, trademarks are a very valuable asset to protect aggressively with Heber business attorneys. Unfortunately, violations happen all the time now, and part of the problem is plain clumsiness and a rush to get to market. Because of the digital age, first happening in days and weeks versus months and years, and it can mean a big difference in initial product or service offerings before the competition kicks in. So, many companies’ reason being first at all costs is worth more than being cautious.
For example, a well-known non-fungible token (NFT) provider used an image that a freelance designer created for the company logo. However, the image in the fancy logo turned out to be taken from another artist’s work without permission from the logo designer. No surprise, the bigger company is now embarrassed publicly and blaming their logo help, mainly due to the social media explosion that has happened, identifying the misuse vividly. Not all infringement stories work so well, as many business lawyers in Utah resources are aware.
In other cases, some bigger companies believe that small operators don’t have the means to defend their rights, and the bigger player can get away without outright theft of a brand or trademark. This is a myth; a good defense of a trademark is possible, even for small and micro businesses.
The Fundamental Issue That Makes a Case
The primary question in trademarks, unlike copyright infringement, is whether the image someone is using will be confused as the same symbol of an existing company and a prior trademark. In these instances, the owner with the original trademark has the right to own the mark, but they also need to proactively protect their rights legally. There is no “trademark police” actively preventing misuse from occurring.
Some industries have an active and engaged community that could embarrass a violator publicly, as in the case described above. However, this is uncommon, and businesses that want to make sure their trademark is protected adequately can’t rely on social media to watch out for their interests all the time.
Start at the Lowest Level and Then Work Up
The most common step for resolution is to simply direct the violating entity to stop misusing a trademark with a communication known as a cease-and-desist letter. If this doesn’t work towards producing a positive reaction, then the trademark owner must consider suing and litigating the matter to force the violator to comply with the law. It’s in these instances that it then becomes important to hire a specifically trained trademark attorney to address the case versus just any general counsel.
Trademark and copyright law is probably one of the most technical aspects of the law, and practitioners are typically trained with added skills and background in the matter to be effective in trademark cases.
Trademark Help is Available for All Types of Businesses
If your business clearly owns a trademark and you suspect that someone else or another business has taken your image without permission, then it’s time to call in assistance from a trademark attorney Utah expert. Our office and legal team at the Gordon Law Group can help. As trademark infringement lawyers, we have handled dozens of cases, even difficult ones where the other party tries to assert ownership first, successfully defending our clients and their intellectual rights.
There is no reason why your business must just give up on a valuable intellectual asset in your mark and identity because another market player doesn’t want to operate fairly. Call us at the Gordon Law Group for help. Don’t let your business identity and market recognition be stolen.
