Trademarks, Trade Names, and Trade Dress are all very important, and so too are the understanding of these laws which protect companies from violators. You may not think it's important, but I assure you as a former franchisor that spent a good portion of our company's annual budget on branding and imaging - it is paramount to the success of the business, especially in franchising. Not long ago, I was having a discussion about this with a small business entrepreneur that wanted to expand their business, and he described to me another company and their logo, and he wanted something similar to it.
It wasn't that I disagreed with him that the company he wanted to borrow the logo design from hadn't done a great job, because they absolutely had, everything was perfect in my humble opinion, and I do know a thing or two about branding. But that doesn't mean a business person can copy a trademark, trade name, or the trade dress being used by another company. Further, there are many companies who have tried to use the word McDonald's for other businesses having nothing to do with the selling of hamburgers.
Because that is one of the strongest brand names known around the world, obviously McDonald's legal department would have a problem with it. If you look at the AT&T logo, it has a nice design as well, but that doesn't mean you can use it for your floral shop on the corner of Elm and Main St. in Anytown, USA. You may NOT use Golden Arches, and you may not use a green circular logo which someone might mistake for Starbucks and put it on the front of your coffee shop even if the design is different. Yes, I know that humans are imitators, and that it is the highest form of flattery, but it is also a violation of trademark law.
Generally speaking most people who make these violations, are doing so willfully, that is to say they are trying to capitalize on the strength of the brand name and trademarks of another company. They are doing this on purpose, and they hope to use something familiar to the consumer to attract more business. But it isn't theirs to borrow, it isn't theirs to take, and companies have spent millions, some of them billions of dollars building up their brand name over decades and decades. You can't just take it and use it.
Indeed, I hope you will understand why we have trademark laws, and service marks in the United States, and what it means to these companies. It's not okay to plagiarize someone's work, just like it's not okay to copy someone else's trademark, or a good portion of it. If you have any comments, concerns, and/or questions you may e-mail me.
Article Source: http://EzineArticles.com/6177252It wasn't that I disagreed with him that the company he wanted to borrow the logo design from hadn't done a great job, because they absolutely had, everything was perfect in my humble opinion, and I do know a thing or two about branding. But that doesn't mean a business person can copy a trademark, trade name, or the trade dress being used by another company. Further, there are many companies who have tried to use the word McDonald's for other businesses having nothing to do with the selling of hamburgers.
Because that is one of the strongest brand names known around the world, obviously McDonald's legal department would have a problem with it. If you look at the AT&T logo, it has a nice design as well, but that doesn't mean you can use it for your floral shop on the corner of Elm and Main St. in Anytown, USA. You may NOT use Golden Arches, and you may not use a green circular logo which someone might mistake for Starbucks and put it on the front of your coffee shop even if the design is different. Yes, I know that humans are imitators, and that it is the highest form of flattery, but it is also a violation of trademark law.
Generally speaking most people who make these violations, are doing so willfully, that is to say they are trying to capitalize on the strength of the brand name and trademarks of another company. They are doing this on purpose, and they hope to use something familiar to the consumer to attract more business. But it isn't theirs to borrow, it isn't theirs to take, and companies have spent millions, some of them billions of dollars building up their brand name over decades and decades. You can't just take it and use it.
Indeed, I hope you will understand why we have trademark laws, and service marks in the United States, and what it means to these companies. It's not okay to plagiarize someone's work, just like it's not okay to copy someone else's trademark, or a good portion of it. If you have any comments, concerns, and/or questions you may e-mail me.
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Criminal Solicitors UK Criminal Law Firm and Criminal Soliitors London, Romford, Harrow: We regularly represent our clients at Police Stations, Magistrates Courts, Crown Courts, and at Appeal Courts such as the Court of Appeal
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