30 Dec Trade Marks and Social Media
How to prevent others from copying your brand or business idea?
Check out why trade marks and social media handles are a great way to protect your brand.
If you find somebody out there copying your product, or business photos on Instagram or Facebook or wherever on social media, you’ll know when it happens, you’ll see it, it’s very, very clear to you.
Video: Is someone else using your trade marks on social media?
If you find someone else copying your product, packaging, business photos, logos, business names, or taglines on Instagram or Facebook, there are a few steps to consider.
If that happens, step one, don’t engage with them, take screenshots of all the offending material, and then come to us as soon as you can after that, and we can have a look at it for you and see whether there’s enough evidence that they’re infringing your intellectual property.
We can also take steps to secure various trade marks and social media handles, or domain names, if you haven’t done that already, before we then engage with them and write then a cease and desist letter which, will amongst other things, tell them to stop and point out the exact offending material and request that they take it down immediately, otherwise, there will be consequences and legal action coming after that.
So it’s a really serious, unfortunately, there’s so many people nowadays that just don’t have an original thought in their head and just feel like they need to springboard off everybody else’s hard-earned ideas.
Packaging, even, for products, logos or bylines, tag lines, and because you’re visible out there in the market, it’s a double-edged sword, really, because people can see you, which is great, but also, some people that you don’t want seeing you can also see you and see what you’re doing and potentially copy you, if they are one of those people, and unfortunately, they’re just out there.
A lot of them won’t stop, unfortunately, until they’re told by a lawyer to stop, because they just think that they can get away with it, and don’t have the moral compass that you and I have, and will just literally try and copy everybody else until they get told not to.
So unfortunately, that’s the reality of the world we live in, but there are just a few tips just to make sure if you do have something like that happen to you, try and not engage with them or get too riled up about it and engage in any warfare, also, don’t put them on notice that you know, straightaway, until you’ve done what you need to do to get the right advice about any potential things that we need to protect first, before we go on the attack.
Contact us today if you require any assistance with filing your trade marks.
(c) Progressive Legal Pty Ltd – All legal rights reserved (2019)
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Ian Aldridge is the Founder and Principal Lawyer Director at Progressive Legal. He has over 15 years experience in advising businesses in Australia and the UK. After practising in commercial litigation for 12 years in major Australian and International Law Firms, he decided to set up a NewLaw law firm in Australia and assist growing Australian businesses. Since then, he has advised over 2,500 small businesses over the past 6 years alone in relation to Intellectual Property Law, Commercial, Dispute Resolution, Workplace and Privacy Law. He has strived to build a law firm that takes a different approach to providing legal services. A truly client-focused law firm, Ian has built Progressive Legal that strives to deliver on predictable costs, excellent communication and care for his clients. As a legal pioneer, Ian has truly changed the way legal services are being provided in Australia, by building Legal Shield™, a legal subscription to obtain tailored legal documents and advice in a front-loaded retainer package, a world-first. He has a double degree in Law (Hons) and Economics (with a marketing major). He was admitted to the Supreme Court of NSW in 2005.