Having an original business identity and avoiding infringement

Evan Granowitz image credit: spurmag.com

Part of a business’ identity is its reputation; according to an article from CNBC, some foreign businesses spend huge amounts of resources to make sure that their products and services capture the look and feel of those with good reputation. Although this is perfectly legal in other countries, in the US, this is very much frowned upon and is a lawsuit waiting to happen.

According to Evan Granowitz, a business lawyer from California, these four principal devices that businesses use to establish original identities should be used carefully to avoid being sued for copyright infringement:

Evan Granowitz image credit: blog.theberrycompany

• Trade name. This can be an official business name or an assumed name under which a business operates that is used to identify a business, corporation, and other business entities. A few examples are McDonalds, KFC, and Burger King.

• Trademark. A trademark can be a word, an emblem, or a symbol attached to a product that is identified with the business. Examples include the golden arches of McDonalds, the Apple logo, and Burger King’s “Have it your way” motto.

• Servicemark. This is similar to a trademark but is used for services. An example would be MGM’s famous lion roar.

• Trade dress. Products should have a signature “look and feel.” For example, BMW’s cars have a distinctive appearance so that they can be easily distinguished from other cars.

Evan Granowitz image credit: dilanchian.com.au

Having a distinctive identity is very important because it can prevent consumer confusion, create product value, and help businesses avoid infringement lawsuits.

For more information on Evan Granowitz, visit Wolf Group L.A.’s website.