Copyrights, trademarks and licenses have become important business assets in today’s global business environment. With global branding, marketing, franchising and licensing, the value of these intangible rights have increased exponentially in the market.

Especially with the explosion of the World Wide Web, it is no longer sufficient to insure that a logo, brand or slogan does not infringe on another entity in a limited geographic area, nor can any business safely bet that they will not hit the radar of a company located across the country or the world. The boundaries have not just been blurred – they have been completely dissolved.

Furthermore, the owner of any trademark has the burden of “policing the mark” to prevent infringement by others. To avoid this responsibility – to knowingly allow infringement to persist – can result in the owner permanently losing the ability to enforce trademark rights.

Because the internet has made it easier than ever to identify and locate instances of infringement, cease and desist letters have exploded to an all time high – and there is no end in sight.

In the past, a small or medium sized business with no involvement in interstate or international commerce had less incentive to protect their names and other trademarks from use in other states and countries. The internet and global business environment have changed all of that.

No company wants to invest years in building up their brand only to learn they can never expand across borders. Due diligence in company and product naming is more vital now than at any other time.

By making companies visible to a worldwide market, the internet has also resulted in more U.S. companies finding it necessary to defend themselves against claims of infringement domestically and abroad. In fact, most business owners do not know that each country has its own trademark laws, and registration in the U.S. alone may not be sufficient. Many new business owners do not realize that the state clearing the name of a new business for formation purposes does not give the business owner any trademark rights to use that name and that they may have to cease and desist from using it even after department of state approval due to infringement on someone else’s trademark.

At Kupfer & Associates we understand these issues and counsel our clients on protecting their intellectual property. We also provide the insights to assess when the expense typically incurred by a global brand may not be advisable or practical for smaller companies. We handle domestic trademark filings and advice in-house and partner with specialists for international trademarks, patents and certain copyright and intellectual property litigation matters.

We invite you to contact our attorneys to learn more about how Kupfer & Associates can help you navigate the requirements to protect your intellectual property.