3 Reasons Your New Business May Need A Commercial Litigation Attorney
When you start a new business, one thing you are not likely to have is an attorney, at least not one with the potential of going to court. You may have used one to incorporate your new business or other such business legalities, but litigation is an entirely different application of the law. As your business grows, you are likely to need the services of this type of lawyer. The following are just a few examples.
1. Protecting your brand
Branding is an important part of a good, long-term marketing strategy. You have already registered your trademarks and logos, but defending them against illegal use is much different. Without control over your trademarks, your products will slowly become a generic concept to the consumer, so buying from your competition is no different than buying from your company. A worst-case scenario is that when you finally get around to taking legal action, a court rules that your trademark has become a part of language and can no longer be protected.
2. Protecting your product
Imitation is the highest form of flattery, but in the free market, it can often take the form patent infringement. If your product can be patented, you will need to take action against copycats. It is an easy way to make money. Simply build a copy of what another company has built. However, there are rules on how similar these copies can be. At the first sign of patent infringement, you need to enlist the services of an attorney to protect the product that you have spent time and money developing.
3. Protecting your licensing agreements
One business model you may have embraced is to license the use or manufacturing of your products or a portion of your product line. However, it is not uncommon for someone to begin to produce your product without first obtaining a license to do so. And the chances are that your licensing agreement is with one or a limited number of regional distributors. It will be those companies that will likely bring to your attention that there are licensing violations. When this happens, immediate action must be taken. If nothing is done, licensing violations will proliferate, and your licensing agreement will have little value to distributors.
Keep in mind that just because you use the services of a commercial litigation lawyer, does not mean you will be going to court. In the situation of trademark infringement, it may only take a letter from your attorney to have the practice halted. Litigation attorneys are effective because there is the possibility they will take you to court. The need for this type of attorney for your new business is nothing to be alarmed about. It is simply a sign that your products and your brand are being noticed, and your company is realizing success.
Share