In a very competitive business world it is vital that business owners recognise the importance of protecting their trading names, style and brands from possible outside attack by competitors who may (either deliberately or innocently) trade in a manner which is identical or sufficiently similar so to cause loss of business to the rightful owner of the name or style.
Protection of trade names, logos, or design style by preventing usage by others is an increasingly vital part of business protection. In many cases, court action has to be taken to halt the unlawful use, but this is expensive. Prevention of course is always better than cure and protection by registration where appropriate is advisable and not expensive. Often it is only necessary to protect rights by simple expression of copyright on packaging or documents.
Do not overlook the importance of protection against possible improper use by your co-directors, partners, employees or ex-employees. Partnership agreements as well as Employment contracts may need to contain restrictive covenants to prevent unauthorised use of rights.
This relatively modern area of law is of increasing importance due to Ecommerce and international trade. And it is not just businesses that are affected. Personal or private image rights of individuals may need protection particularly the authors of designs or ideas and other personally produced work such as manuscripts or drawings. Also, professionals in the world of sport or those in film and TV may need to prevent others from making profits by the unauthorised use of their image or voice etc.
If your trade name or image is important to you or your business you need to protect it.
Contact Martin Woodward for more details.
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