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Recommend That's Not Fair! What Your Competitor Can't Do in Competing with You (Email)

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Yesterday’s post was about false advertising, which got me thinking…. What are the things a competitor can’t do in competing with you to make a sale?

Here’s a quick rundown:

-It can’t create a likelihood of confusion with you, if you came first. This is the essence of trademark infringement. A later-adopter can’t come into your market with a name or brand that is likely, i.e., probable, to confuse consumers into thinking that its goods or services come from you, are approved by you, or are affiliated with you. It doesn’t matter if your trademark is registered, since trademark rights automatically arise from use. It doesn’t even matter if your competitor was innocent in creating the likelihood of confusion. If its brand, company name, product name, or other marketing tools tend to mislead customers into thinking your competitor’s goods or services come from you, you may be able to put a stop to it. Some caveats exist, but this is where the inquiry starts.


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