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What to do when another business uses your intellectual property

On Behalf of | May 3, 2023 | BUSINESS & COMMERCIAL LAW - Business Litigation

Developing a unique brand name, logo and even colors that make you stand out in the market is not easy. Therefore, another business using your intellectual property without permission, affecting your business, can be devastating.

If this happens, here are some proactive steps you can take:

1. Get more information

When you notice another business using branding that resembles yours, it will help to get more information. You can research their website or visit their physical store to get a closer look. 

Some business owners can use tricks like rearranging the words in a brand name or changing only one color in the theme. Thus, look at every detail and trust your intuition – if it’s familiar enough to attract your attention, the chances are high that it could cause brand confusion.

2. Ask them to stop

Once you confirm another business is using your intellectual property, you may ask them to stop. It will help to do this in writing, through a formal demand letter.

The business may not have known they were infringing your rights. Thus, they may respond, explaining how they got the idea and may stop using it. However, if one fails to respond or refuses to stop using your intellectual property, it may be best to consider your options.

3. Take them to court

If you’ve properly trademarked or otherwise protected your intellectual property, you can take the other party to court. The court can order the business to stop using your intellectual property and pay any damages you suffered. 

Intellectual property is crucial to your business’s success in the modern world. If someone uses yours without permission, you can protect yourself with legal guidance.