Under U.S. trademark law, infringement occurs when a business name, logo, or other brand identifier is so similar to an existing trademark that it could confuse consumers. Whether you meant to copy another brand or not is largely irrelevant. If the trademark owner believes customers might mix up your business with theirs, they have the right (and responsibility) to take legal action. Intentional infringement can lead to the infringer owing additional damages, but unintentional infringement doesn’t let you off the hook.
Here’s an Example:
You open a coffee shop called “Starbuzz Café.” You genuinely came up with the name yourself, thinking it was unique. But because “Starbuzz” sounds a lot like “Starbucks” and is in the same industry, you could be sued for trademark infringement, even if you somehow never heard of Starbucks.
You do not want to have to deal with an infringement lawsuit. They’re time-consuming and expensive, especially if you lose, as not only will you owe money, but you’ll also have to rebrand, which also is expensive and time-consuming, and it can confuse your customers.
The same goes for getting a valid cease-and-desist letter. If you aren’t 100% sure you have the best claim to your name, you should consult a trademark attorney to find out, and if you need to take action to make changes, do it ASAP to try to avoid trouble.
Even an honest mistake can land your business in a trademark dispute. Protect yourself by researching trademarks before choosing a name, or if you’re just not certain about the name you’re using, and if you get a legal warning, take it seriously.
If you’re launching, growing, or just unsure whether your business/brand name or your logo are truly protected, let’s talk. I help entrepreneurs across the U.S. make smart, legally sound decisions about names and logos.
If you’d like to consult with me, you can use my contact form or book a consultation online at kingpatentlaw.com or by calling my office at 312-596-2222 or 217-714-8558.
Please check out the other posts and pages on my website for more information on trademarks and other intellectual property and business law issues.
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