Blog Layout

Preventing your Logo from being Stolen

If your company has a logo, it is important to protect it with a trademark to prevent other parties from using it without your consent. Trademark infringement involving logos can occur in a variety of ways, including:

  • Another party stealing your logo and using it for their own benefit and profit
  • A competitor that designs a new logo that is similar to your logo in order to confuse the public into thinking it is the same company
  • A party removing your logo off of a product and placing it on a different product.

As you may be aware, the theft of logos commonly occurs in clothing and accessory items. Once a certain logo receives recognition and popularity, counterfeiters work to create similar, fake products for their own profit.

What happens if you discover your trademarked product is being counterfeited? There are numerous legal penalties for stealing a protected logo such as:

  • Being sentenced to time in jail or prison
  • Having all unauthorized products confiscated
  • Issuance of cease and desist injunctions
  • Imposition of criminal fines
  • Imposition of civil damages for the loss of profits resulting from the infringement

It should be noted that there are some defenses to logo theft charges. For example, if the logo was not a valid trademark because it was not used in commerce or because the likelihood of confusion is minimal. Additionally, if the original trademarked logo has become generic over time and it no longer specifically identifies a certain company, product or service.

The theft of a protected logo is serious and it can have significant consequences. If you are involved in a dispute regarding your logo, it is important to seek the advice and guidance of an attorney experienced in intellectual property.

The Swenson Law Firm is located in Sacramento County and we proudly serve businesses of all sizes from all over the State of California. Contact us today to learn more about how we can assist you with matters such as trademarks, defending lawsuits, business formation, contract negotiations, hiring employees, and protecting your intellectual property. With our years of complex business trial and litigation experience, we are an effective, efficient and affordable choice in representing you at the bargaining table and in the courtroom.

 

Share by: