A trade dress violation is an intellectual property issue because it can lead to consumer confusion. When a product goes to market, it has packaging, labeling and other distinct features that “dress it up” for sale. In the modern era, trade dress can also include...
Intellectual Property
Can a business use branding similar to another’s?
Business litigation sometimes stems from alleged intellectual property (IP) violations, such as when one business uses branding elements similar to another one’s. That other company may argue that they are infringing on existing IP, perhaps intentionally. Often, the...
How different does a product have to be to avoid IP infringement?
From an intellectual property standpoint, a new product must not infringe on IP held by anyone else. This prevents the creation of fraudulent products that copy existing designs, and it also helps to prevent consumer confusion. In addition to protecting consumers,...
Is a competitor copying your product packaging?
Competitors copying your products is often an intellectual property violation. You may have exclusive rights to manufacture that product, but fakes and knockoffs are a constant threat and can have a major impact on your brand reputation and your overall sales. A...
How does brand confusion affect small businesses?
Small businesses count on people in their area being able to identify their brand, so they don’t want any confusion about that identity. Brand confusion is a situation that occurs when customers can’t clearly understand what a business has to offer and how it’s...
The economic impact of IP violations
Intellectual property violations, such as trademark violations, can have a major economic impact. They can cause financial harm to small businesses, corporations and entire industries. The most direct example is lost revenue for the company whose rights have been...
What happens in an intellectual property infringement lawsuit?
When someone uses your trademark or other intellectual property (IP) without permission, the impact can be immediate and unsettling. You might notice lost sales, confused customers or damage to the reputation you worked so hard to build. If efforts to stop the...
Can noncompete agreements help protect intellectual property?
As a business owner, protecting your intellectual property is important to you. The IP that you control can help set your brand apart and give you an edge in the market. For many companies, the entire business revolves around a specific type of IP that helps them...
3 benefits of licensing intellectual property
Formal registration of intellectual property helps businesses protect valuable resources against misuse and infringement. Registering trademarks and copyrights can facilitate easier enforcement of intellectual property rights when a violation occurs. Typically, those...
The unique challenges of pre-registration trademark research
Protecting intellectual property often requires formal federal registration. Each type of intellectual property has different rules in place. Companies can take steps to copyright creative works, patent new products and register unique trademarks. Trademarks are...
