According to the U.S. Patent and Trademark Office “Trademark
infringement is the unauthorized use of a
trademark or service mark on or in connection with
goods and/or services in a manner that is
likely to cause confusion, deception, or mistake
about the source of the goods and/or services.”
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It is important to stop others from infringing on your
trademark. If
you suspect that others have infringe on your trademark take
the following steps:
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Substantiate the violation:
Get a picture of every place where the violation is
displayed. For
example, screenshots of websites, marketing materials,
product displays, etc.
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Negotiate:
Attempt to negotiate with the violator.
Attempt to deal with them on a person-to-person
basis.
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Cease and Desist Letter:
If negotations don’t work out place the violator on
notice to stop using the name or logo by issuing a cease and
desist letter that is drafted by a Trademark attorney.
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Sue or Not Sue:
If you consider goin to court consider that doing so
could be very expensive.
Additionally, if you don’t win you’re still incur the
court cost. If
you do win, the amount awarded to you may not be worth the
cost of bringing the case in the first place, and it could
be difficult to actually enforce the order to get the
defendant to pay up.
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Out Compete Them:
If no other approach work to stop someone from
violating your trademark, one option you can use is to out
compete them.
This will ultimately force them to close up shop.
Educate your consumer base about the infringement.
Demonstrate the superiority of your product versus
the knock off.
Let the consumer know that they’re getting a better product
if they buy yours, even though it may cost a little more.
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