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Trademark infringement may warrant litigation

As you have operated your South Carolina business over the years, times may have come up when you needed to protect your intellectual property. Because you understand the importance of intellectual property, you wanted to ensure that other businesses could not lawfully use your company's IP for their own successes. As a result, you may have trademarked certain information.

Commonly, trademarks apply to logos, slogans, business names, certain designs and other similar variations of ideas. Of course, even if you have taken the time and made the effort to trademark certain aspects of your company's brand, it does not necessarily mean that all companies will avoid using it. However, if a company does utilize your trademarked information, you may have reason to move forward with trademark litigation.

Trademark infringement

When another company infringes on your trademark, it may be doing so as a way to confuse consumers for its own business gain. If consumers see your trademarked image or phrase on someone else's product, they may mistakenly believe that your company and the infringing company have some type of relationship. As a result, the consumers may buy the product, and the infringing company could profit from your IP.

Of course, in order for infringement to occur, the products and businesses need to be similar. If your business involves computer software and another business does construction, it is unlikely that consumers would be confused if a similar logo or name is used by both companies. Additionally, if neither company suffers negative impacts, there may be no reason for litigation.

Dealing with infringement

Still, trademark infringement can take place as a deceptive trade practice if a similar company wants to use your IP in hopes of damaging your revenue and gaining business for itself. This practice creates unfair competition, and you likely have reason to file a legal claim against the infringing company for such actions.

Handling a trademark infringement case can be difficult but may also be necessary in order to protect your IP and to receive compensation for any damages caused by the infringement. Working with your legal counsel can allow you to understand your options and how business litigation may be able to help you defend your company. Though lawsuits can be long and arduous, they can also help rectify situations and ensure that the success of your business is not impugned by another company's unscrupulous actions.

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