While trademark infringement and counterfeiting are never out of season, Christmas always seems to bring an influx of these cases. It is important for trademark holders, new companies and retailers to understand the risks involved with trademark infringement, especially this time of year.
For trademark holders
For those companies that own trademark protection, and for retailers who sell these products, it is critical to keep an eye out for possible trademark infringement or counterfeiting issues.
Manufacturers can lose significant assets when another company steals a trademark. Possible buyers looking for your products get duped into buying a competitor’s products, thinking they are yours. Especially around the holidays, it is important to look out for counterfeiting or infringement of your trademarks.
As a manufacturer who discovers trademark infringement, it is important to take the appropriate steps strategically. Talk with an experienced lawyer who can talk you through the process of trademark litigation.
For manufacturers of new products
Businesses making new products need to be extremely careful not to infringe on the protected trademark rights of other companies. While some new companies attempt to mislead customers by trademarks similar to those that have already gained popularity, many instances of trademark infringement are due more to lack of diligence than to intentional wrongdoing.
A lawsuit from a major manufacturer could be disastrous to any young company. Work with an experienced copyright law attorney to do the relevant trademark research and registration to make sure you are not infringing on others’ trademark rights, and to make sure you are protected, as well.
Consumers aren’t the only ones who can be fooled. It is not uncommon for retailers to stock and sell infringing products without knowing it. Especially in online retail storefronts, where retailers don’t have direct physical contact with the items they sell or the people who buy them, selling infringing products is an easy mistake to make.
As a retailer, you need to check your sources and make sure you are selling what products that do not violate infringement laws.
Trademark litigation is a risky proposition
Whether you are a plaintiff or defendant in a trademark case, there is a lot at stake. Make sure you work with an experienced lawyer who can protect your interests.