The Real Cost of Infringement

The risks of an infringements are,

• “Copycat” branding

• Fake social media profiles

• Other online infringements

So, how damaging are these infringements to your business?

Is it worth taking legal action against these infringers (if you can even find them)?

Unfortunately, that’s not something I can answer in an article like this as you have to look at each infringement on a case by case basis.

But remember, infringements can damage your business in several ways. They can damage your hard-earned reputation, they can damage you financially in lost sales, or both. Dealing with infringements can also be really stressful and time consuming.

Your reputation can be damaged any time that your customers do not get what they want or if they are confused about who they are dealing with. A damaged reputation can be hard to quantify, but it can have a direct impact on future sales, especially if it causes people to leave negative reviews about your products or services.

Your finances can be damaged if people are buying from your competitors instead of you, or they are put off from buying from you because of the actions of the infringers.

So, what do you do?

Clearly, you will want the infringements to stop. But how do you do this without it costing you a fortune or using up your time and energy?

This is where having a registered trademark really helps.

As explained above, if the infringement is happening online via a social media platform, or a shopping platform such as Amazon or eBay you can complain to them. With a registered trade mark, you stand a much better chance of having them remove the offending account.

If you know who the infringer is, you can also take direct action against them. You don’t have to go via the platform (if the infringement is, for example, a fake social media account).

When you threaten someone with trademark infringement they are much more likely to stop.

If you don’t have trade mark, they are much more likely to put up a fight. They will claim they are not infringing your rights because there is no confusion, you don’t have a strong reputation and you don’t have exclusive rights to the brand anyway. They may not be right, but it’s down to you to prove this.

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