New York City Intellectual Property Law Blog

Small business owners work hard to maintain and grow their New York companies. Whether you sell online, have a brick and mortar location or are mobile, you rely on customers for revenue. If a competitor gains an advantage as a result of deceptive business practices, you may have grounds for a claim. At Codispoti & Associates, P.C., we often help clients secure and protect their intellectual property.

According to FindLaw, unfair competition encompasses business practices that harm consumers or other businesses. State and federal laws protect the creative, intellectual and economic investments businesses use in differentiating themselves and their products. They address the following types of unfair trade practices:

• False advertising includes making unfair or untrue statements about products or services. Continuing to do so can affect an organization's long term profits and customer base.
• Unauthorized substitution is also known as "bait and switch." It takes place when a company uses trademarked images to gain sales, with no intention of selling the correct item.
• False representation of the quality, value grade or standard of products or services is illegal. It can include purposefully overstating product capabilities or exaggerating a warranty.
• Misconduct regarding another's confidential information. This encompasses trade secrets and exclusive formulations.
• Trademark infringement occurs when an individual steals intellectual property and uses it for monetary gain. It can happen in a broad range of circumstances, including unauthorized use of a slogan or logo.

The concept of intellectual property confuses many people. Laws that allow people to own an idea or concept may seem strange on the surface. However, they serve an important purpose, as they incentivize innovation and creativity.

Without intellectual property protections, anyone who created something unique, beautiful or functional would likely have their ideas stolen by someone else who would make money on it. Intellectual property protections and copyright laws serve a great purpose by allowing creators to profit from their work. However, they also contain intentional leeway for those who create or provide commentary on works of art, science or business.

Business owners who are dealing with a lawsuit that is targeting their company may be worried about the case for many different reasons. They could have concerns about how the lawsuit will affect their finances, or they may fear that the case will bring unwanted attention to their business and shatter their good reputation. These are just some of the concerns that business owners have, and the outcome of litigation could have a major impact on the future of any business. When approaching a business-related lawsuit, it is important to keep this in mind and do everything you can to protect your company.

Sometimes, the financial repercussions of a business lawsuit can be intense, and they may prompt a business owner to make serious changes within their company and change the direction of their business. In fact, some lawsuits can be so damaging that business owners have no choice but to close altogether. If a former worker, current employee, business partner or competitor has decided to file suit for any reason, it is crucial for business owners to think about the potential long-term consequences of legal action.

When a business owner is facing litigation, they may be experiencing other hardships in their lives. For example, some may be struggling with a health crisis, which can make it even more difficult for them to focus on and deal with the lawsuit. From a cancer diagnosis to some other serious health concern, this can be an extremely difficult position for any business owner. Unfortunately, some are so distraught and even physically affected by the health issues they are going through that they are unable to do everything they can to protect their business, which can result in additional complications.

We understand how disruptive and emotionally draining health crises can be, but you should do everything in your power to defend your business in the midst of a difficult health issue. An unfavorable outcome with respect to the case could make life even harder and may even prompt you to close your business. Unfortunately, some business owners have found themselves in this position even though they may have been able to avoid these consequences if they would have prepared for the case more and taken every step to minimize the damage of the lawsuit.