Another Company Copied Your Logo—Can You Stop Them?

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Legal Sample LogosA reader recently asked a question about the rights of his business (let’s call it Business #1) if it finds out that Business #2 is using a similar name or logo and attempting to divert customers away from Business #1.

The main legal claim in this situation is trademark infringement. A trademark is a distinctive word, phrase, design or combination of these features used to identify and distinguish products or services in the marketplace (for example, a business name or a logo). While it is possible to file (or “register”) a trademark with the United States Patent and Trademark Office (USPTO), this is not necessary to claim trademark rights regarding a name or logo. Trademark rights are based on who is first to use the trademark, not who is first to file for the trademark with the USPTO. A party acquires rights under “common law” when it starts using a trademark in conducting business, even without “registering” the trademark.

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