Our friends at Ink Tank posted a great blog the other day about how other businesses can “tread” on your brand – knowingly or not - from “borrowing” distinctive elements of your brand, to unwelcome parodying to blatantly infringing your trade-mark.
All of these things can do harm to your brand and to your business. And they can do so in different ways, some more obvious than others. Obviously, if a direct competitor is using a brand name or a logo that is very similar to yours in order to appropriate your goodwill and your customers, that’s going to be harmful (it can result in a direct loss of sales). Less obvious is the harm that can be done to your brand if a non-competitor – say, someone in a different part of the country or in a slightly different line of business – adopts a confusingly similar brand name or “borrows” the distinctive elements of your brand.
Understanding how your brand can be damaged when others “tread” on it is important to knowing when you should consider legal action. Enforcing your trade-mark rights (or “policing” as it’s sometimes called) is critical to protecting your brand. In fact, if you don’t police your brand, or if you do it ineffectively, you are not only jeopardizing the strength and integrity of your brand, but you are also jeopardizing your legal rights to protect it at all – that is, the ability to stop others from ripping it off.