A trademark is an image or logo that represents a company’s brand. Trademarks help consumers identify a company’s premises or products on store shelves. The process of registering a trademark involves careful research and gives the business sole control over the trademark. Other parties cannot use a trademark without the written authorization of the trademark holder.
Unfortunately, intentional trademark infringement does occur, especially when brands become popular. Companies try to create knock-off products that look very similar or may duplicate trademarks online while running shady retail sites selling knock-off products.
What steps do organizations need to take after discovering trademark infringement?
Documenting the infringement
Knock-off products with packaging that infringes on a trademark could disappear from store shelves, never to reappear again. Online content is subject to removal with just a few clicks in some cases. It is therefore crucial for organizations that uncover signs of trademark infringement to take immediate action to document the matter. Video footage or photographs of products in stores can help validate claims of infringement in the future. Screenshots of social media content or knock-off websites can also help affirm that infringement occurred even if the other party tries to eliminate the evidence later.
Identifying the infringing party
A significant amount of research may be necessary to establish what individual or business attempted to duplicate a company’s trademark. The research stage of a trademark infringement case can take months to complete in some cases. Identifying the individual or business that engaged in infringing activity is crucial. The trademark holder can then send a cease-and-desist notice to the infringing party. The sooner they take action, the better their chances of preventing significant, long-term damage to the company’s brand.
Pursuing civil litigation
There are several forms of recourse available through the civil courts that can help remedy significant trademark infringement. The courts can issue an injunction preventing future infringement. They can also award damages to the organization based on the harm caused by infringing activities.
Those who help run successful businesses often do not have the time required to personally manage a trademark infringement case. Securing help early in the process may improve the chances of successfully remedying trademark infringement that could damage a company’s market share or branding.