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A federal law known as the Lanham Act is often used for a variety of unfair competition claims brought by competitors, including infringement of unregistered trademarks. (At the state law level, most states have some version of a Deceptive Trade Practices Act that also prohibits unfair competition.) You should never assume that a cursory search of exact matches in the USPTO or Secretary of State databases can provide the all-clear to proceed with a brand idea.   Being an entrepreneur requires you to wear many hats. Not only do you have to provide a great product or service, but you’re also responsible for all of the financial details like setting prices, learning how to use accounting software, managing expenses; long term strategic planning, especially if you plan to grow the business; and human resources and the never-ending challenging of managing people. But no matter what kind of business you run, it seems like your “real” job is sales and marketing. After all, none of the other staff matters if you can’t get customers or clients to buy what you’re selling.
As a law firm, we can’t solve all of your marketing problems. But we can make sure your marketing plan doesn’t land your business in legal trouble. Like most things legal, advertising isn’t covered by a single law with simple rules but instead by a complex framework created by federal, state, and local laws, industry regulations, and common law restrictions on commercial speech. In this series, we’re looking at just what small businesses should know about advertising laws. |
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8/31/2022
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