Many small business owners assume that if they didn’t intend to copy someone else’s trademark, they can’t be sued for infringement. Unfortunately, intent doesn’t matter. If your business name, logo, or slogan is too similar to someone else’s registered trademark, even by accident, you could still find yourself in legal trouble.
How Were You Supposed to Know? No Intent is Required for Trademark Infringement
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.
Why Are Trademark Owners So Aggressive About Infringement?
Trademark owners aren’t just being aggressive when they search for infringement, send cease-and-desist letters, or file lawsuits. They have to (and so do YOU). If trademark owners don’t actively enforce their trademark rights, they risk losing them. This means:
- Large companies constantly monitor new business filings, websites, and trademarks for possible infringement.
- For example, Disney has employees whose job it is to do only this. They can and do go after very small businesses. Just because not everyone committing this kind of infringement has been caught yet, doesn’t mean you won’t be!
- Even small businesses can (and do) enforce their rights, especially in niche markets. They often have automated searches run for them regularly to keep an eye out for possible infringement.
- If your business name or branding is flagged as too similar, you are likely to receive a cease-and-desist letter, or worse, a lawsuit.
- If you have federally registered trademarks, you have a duty to search for infringement, and failing to search and take action if you find any infringement can seriously diminish your rights.
Giving You a Sign: How to Avoid Trademark Infringement Trouble
- Do a Trademark Search Before You Name Your Business. A quick Google search isn’t enough. Check the U.S. Patent and Trademark Office (USPTO) database to see if a similar name is already registered.
- Do a Trademark Search Even If You’ve Already Named Your Business. It’s NOT too late. It’s better to find out sooner than later that you’re risking an infringement action. If that’s the case, you can work on rebranding right away and maybe get that done before any trouble happens.
- Consult a Trademark Attorney. We can help you assess the risk of infringement before you invest in branding, once your business is up and running, or at any time, really!
- Be Prepared to Change Your Name If Needed. If you get a cease-and-desist letter, ignoring it could lead to an expensive lawsuit. Consult a trademark attorney to see what the best response is. It’s often better to rebrand early than fight a losing legal battle.
Hitting You with the Bottom Line
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.
Want to make sure your business name is legally safe? An experienced trademark attorney can help you avoid costly mistakes before they happen.
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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