Last week a large company lost a trademark infringement lawsuit for allegedly using a slogan too close to another company’s registered slogan. Unfortunately for this company, the slogan has been used in a major marketing campaign that cost about $16 million. The Court issued a preliminary injunction based on the alleged fact that the marketer was aware of the registered slogan was being used by the plaintiff. The injunction calls for the company to stop using the slogan on any new campaigns, and to delete the slogan from all current marketing campaigns in all venues. An appeal has been filed, stay tuned.

Best business practice is to perform IP clearances before launching marketing campaign publicly, especially if you are aware of another company using IP that may be confused with the one your business/agency may be considering using. Launching a marketing campaign is expensive, but having to stop using it, change it and re-launch could be extremely costly. Any questions? Feel free to contact me.

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