If your brand is so widely desired that it becomes immensely popular with consumers, this is the ideal situation. This means that your business is booming and your services or product may become a household name. This also means that you did a tremendous job with your marketing strategy. Additionally, it is highly likely that your product or service is of high quality and one that consumers need. Even though a strong and successful business is a good thing, there are downsides that business owners should be aware of to protect their hard work and their brand.
If you own and operate your own business in California it is critical to have the most effective and skilled legal counsel at your side. Leiva Law Group is a Los Angeles business law firm that can help you protect both you and your business’s best interests. One is the problem of genericide or the dilution of a trademark to the point where it is no longer tied to one specific brand but used as a category housing all brands.
How Does Genericide Happen?
When you have a cold or if your allergies are acting up, you probably have a runny nose and head pain. It is important to keep a box of Kleenex nearby and have a bottle of aspirin too. The problem is that while Kleenex has done a great job with their tissue product, many other companies have also made their version of the product. So when you go to the store and your grocery list says Kleenex to you, it just means tissues of any brand. The same is true for aspirin. Aspirin and Kleenex brands are less distinguishable from other competitors in their category.
So while a business grows and becomes more well-liked and sought after, it will not just gain attention from consumers but also from potential competitors. When your brand is so watered-down that it is no longer considered private and has lost its trademark protections it puts you in a legal predicament. Speaking with a California business lawyer to learn more about your options for protecting your brand and the integrity of your business can help you potentially avoid this and other pitfalls.
Campaigns geared towards informing the consumer about the importance of only using a brand name when referring to that specific company and their product can help. Otherwise, calling a category of products by one company’s brand name makes it less easy to differentiate a name brand product from a generic one. Another way that a business can protect its name and its property is to be aggressive in pursuing lawsuits against companies that infringe on their trademark. If a company doesn’t have express permission to sell a product that mimics your company’s trademark product you can take legal action against them to motivate them to cease doing so.
Speak with a California Business Attorney Today
The California business litigation attorneys at the Leiva Law Group can offer you effective and bold strategies to safeguard your business. Schedule your free consultation with Leiva Law today by calling (818) 519-4465.
