Do you need to worry about trademarks and service marks when you run a home business?

Do you need to worry about trademarks and service marks when you run a home business? US laws in 1776 were based on British common law. One of the prime considerations of common law, include a statement that an injured person had the right to be made whole. Many laws of English speaking countries are based on this premise of being made whole.
When a patent is applied for, there is a written plan that tells the US Patent office what are the features of the invention, or the looks of a copyrighted book cover. What is specific to that inventers' or writer's item?
|
|
A logo is like an icon. It is a small picture usually. On a billboard it can be huge, but it is always specific to that item. If it is a car brand name, what does the Chevrolet symbol look like? What does a Mustang front metal design look like? What is the symbol for Coke? These are all pictures or symbols that are protected by law.
It does not matter if it is a home business, a strip mall business, or an Internet business. All commercial and private companies have to be aware there are punishments in the form of lawsuits, fines, imprisonment, etc, having to do with copying work that is not owned by a user. If someone takes US money and makes copies of the symbols or words, there is a federal prison cell awaiting that person for forgery.
There are many companies in the USA who will design a specific logo or symbol for a home-based business. There is a fee for this of course. The fee is smaller than the penalties.
There are time limits on some patents but your own unique design is safer and better because it tells the world this is YOUR SYMBOL. It's like your signature.
The party who owns the trademark can sue anyone infringing on their rights. This is in the US code. Other features of this code include some legal choices made in a court. The specific laws state, if an item or goods have a symbol on them, does this cause confusion to the consumer?
A court will look at:
- What is the strength of the original symbol?
- How is the symbol attached to the goods? On a paper, on a label, on a blisterpak?
- How similar is your symbol to the original you do not own?
- Is there any evidence the similar symbol has caused a buyer to be confused?
- How carefully did a consumer look at your symbol and misread it?
- What was the intent of the producer of the 2nd symbol? For instance one lawsuit was between Polaroid Corp and Polarad Elect Corp. Great caution is needed on the part of the home business to avoid confusion in a buyer.
If the symbol you choose causes a consumer to think your item is a national brand, you can have lawful infringement. If the mark is close in sound, in appearance or in meaning, you could be charged with infringement.
A state law can be broken if a product is being `passed off' as a national brand. This can be seen as a method to defraud buyers. Also taking off a label of a national brand and putting on your brand can be liable for fraud and legally prosecute you.
A rule of thumb used by courts, relates to the first amendment of the constitution. This means that if you "borrow" a slogan or a logo or symbol and are convicted of infringement, you can anticipate the following possible actions:
- An injunction can be placed against you to make you stop.
- Money is also included in these lawsuits.
- Your profits can be taken from you.
- Damages can be payable to the company you "borrowed" the name or symbol from.
- The court costs for your defense and the plaintiff's case will become your debt.
- If the plaintiff's lawyer can prove your intention was to defraud consumers, you can expect the bill to be tripled against you.
Looking at the legal aspects to using another company's symbols, or name, or icon, the price is too high to risk it. Millions of dollars have been decreed in the courts as remedy to enable the other company to be "made whole" or reverse the effect of your actions.
Probably the cost of your own icon, your own name, and your own logo will be pennies compared to these lawsuits.
