Drawing inspiration from other companies when developing new products or establishing a new business is nothing new. However, if you are not careful, this practice can easily cross the line into trademark infringement territory. Using a similar trademark or service mark to another brand can sow confusion among consumers and potentially result in litigation.
The consequences of trademark infringement
Trademark infringement can occur when you use another business’s trademark or service mark without authorization. This includes using a logo, symbol or name comparable to one that belongs to a competitor.
For instance, Buc-ee’s, a well-known Texas-based travel center retailer, recently sued Super Fuels, a North Texas gas station, for trademark infringement. The lawsuit claims Super Fuels’ use of a dog mascot logo closely resembles Buc-ee’s iconic beaver logo, potentially confusing consumers. Buc-ee’s argues this could lead to brand dilution and is seeking damages and attorney fees. This suit is part of Buc-ee’s ongoing efforts to protect its trademark, having filed similar lawsuits in the past against various companies for logo imitation.
If you adopt branding that resembles another company’s for your products or services, you may be engaging in unfair competition. This involves using deceptive practices to gain an unfair competitive advantage.
By infringing on another brand’s intellectual property, you risk misleading consumers into thinking your offerings are the same or associated with the original brand’s.
Managing a trademark infringement lawsuit
Business owners who suspect that you are infringing on their trademark may bring a lawsuit against you. Litigation could tarnish your reputation and everything you’ve built. Such a lawsuit could lead to an injunction and significant financial penalties.
Still, there are ways to defend against a trademark infringement claim, even when the other company claims to have solid evidence. A lawyer can represent you in court and may argue the following:
- Fair use doctrine
- Unclean hands
- Doctrine of laches
- Trademark misuse
If you are sued for trademark infringement, consider consulting an experienced business law attorney.
To avoid litigation in the first place, you can proactively conduct thorough research, register trademarks and engage legal counsel early. By taking these preventative measures, you can avoid potential infringement issues and maintain your brand’s integrity.