Conroe Texas Business Attorney Discusses Trademark Infringement
A trademark is a word, phrase, design, etc. by which a business entity is uniquely distinguished. A strong trademark can greatly enhance a business' ability to be “seen” on billboards, in magazines, on the Internet, and elsewhere. Any infringement of a trademark can bring significant financial damage upon a business; if this occurs, it is extremely important to hire an experienced and aggressive Conroe, Texas business attorney.
Intentionality of Infringement
Stealing the logo or catchy phrase that belongs to a company is common. An unscrupulous business owner may feel that it is worth the risk to commit infringement; indeed, a very large company such as Coca Cola may not deem it worth their while to pursue litigation against a mom and pop business. However, assuming this to be the case can prove costly.
A Conroe, Texas business attorney sometimes deals with a client whose business is damaged by another enterprise that infringes upon a trademark without realizing it. This more commonly occurs with companies that are not widely recognizable, hence the unintentional nature of the act.
As with other tort cases, a successful trademark infringement claim needs to show that some form of quantifiable damage to the business resulted. It is better to be proactive, though, and take measures which reduce the potential of being a victim. Among these are:
- Develop a trademark that is unique.
- Conduct a search to determine whether another business is using your trademark illegally.
- Make sure your trademark is not accidentally infringing on another entity.
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