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Those Who Would Usurp Your Trademark and the Unfair Competition That Results

Those just starting out in the business world might be surprised to find out how very common the piracy of trademark and the unfair competition typified by IP theft can be.  This is critical in a Capitalist society since the free market system is based upon fair competition and law.  Trademarks, unfair as they may seen to some who didn't get there first, are designed to keep the good name of your product or service from being besmirched and copied.

There should be little correlation between a strong trademark and unfair competition, but given the global nature of intellectual properties (IPs), there is ample opportunity to steal a logo or brand name and sell knock-off and counterfeit items in distant lands.  Given the pressure of this malfeasant competition, law and trademarks, unfair or not, are surprisingly weak in some countries. 

Without protection for trademarks and unfair competition clauses, the value of a free enterprise is far lower.  As such, emergent democracies often begin to, in civil courts, slowly crackdown on unfair competition.  Law by trademark and unfair competition officials is sometimes difficult to enforce, especially in places where people have nothing to loose.  Often times, corporations choose not to even bother prosecuting trademark and unfair competition cases in such places. 

It is even possible for your foreign competition, using law, trademarks and unfair practices together in an effort to undermine your corporation's trademarks, registered or not.  If your company does business in far-flung locales, you need to be prepared for this type of infringement on your trademarks and unfair competition to be supported by the local authorities, sometimes for no discernible reason other than your status as an outsider.

However, in much of the western world, if you can prove there has been a violation of trademark and unfair competition has been allowed to continue with your registered trademark, the odds are pretty good you will not only receive a judgement but also, a generous one.  For those looking to stifle competition, laws for trademarks are unfair, and they will fail to realize that even civil penalties can mean the end of their business practices. 

Trademark attorneys can help you decide whether to pursue a case or not.  Thankfully, most western nations realize the benefit of free trade in all sectors, so violations of trademark and unfair competition are dealt with harshly if the trademark very directly represents your product and has done so for several years.