Clients often ask us how they can avoid trademark infringement when selecting a brand identity and selling products. Avoiding trademark infringement is actually fairly easy. All it takes is a little work on the front end to avoid numerous potential problems on the back end.
Trademark infringement frequently occurs when a new business fails to obtain a trademark clearance before it settles on a name and begins selling products or services under that name. A trademark clearance is intended to identify any outstanding trademarks, whether those marks are registered with the United States Patent and Trademark Office or used in commerce, that may pose a risk to the successful registration or use of the business’s trademark. A trademark clearance is a small investment that can help a business avoid expenses later on, such as a trademark infringement lawsuit or responding to a trademark infringement threat letter.
Once a trademark clearance has been performed, businesses can avoid claims of trademark infringement by using competitors’ trademarks in a fair manner. When bidding on keyword advertising, businesses should avoid displaying a competitor’s trademark in the ad text of their ads. When advertising in more traditional mediums, businesses should only use competitors’ trademarks in a nominative fair use sense, that is, to fairly name the product for the purposes of comparative advertising. It is always wise to consult with a trademark attorney before using a competitor’s trademark.
The answer is legally complicated since the Food and Drug Administration (“FDA”) has defined the term “healthy” to apply to foods, not dietary supplements. On the other hand, in some circumstances, certain types of oils — like olive oil — are now eligible to use the “healthy” label. Thus, if your supplement is an oil […]
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If nurtured properly, trademarks can continue to function indefinitely, bringing continued and increasing value to the owners. There are, however, ways that trademarks can be “lost.” As an example, a trademark can be abandoned through lack of use or can be lost to the general public through the process of genericide. That happens when the […]
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Social media influencing has become a big business. As such, influencers need experienced internet lawyers to help with their contracts and other legal needs. In early October 2025, there was a bit of a stir on the internet concerning claims that the Government of Israel, through its Ministry of Foreign Affairs, was paying social media […]
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