Can a competitor steal a marketing phrase?
Recently, we initiated a amarketing campaign behind a particular phrase. Then, we saw our competitor with the exact same phrase. Is this legal?
Re: Can a competitor steal a marketing phrase?
It is impossible to answer the question without knowing particulars, and a public forum would not be the best place to do so.
There are a variety of potential issues, including whether the action amounts to unfair competition, etcetera. In any given situation, the outcome may depend upon who took what steps to protect what they considered valuable intellectual property, and when those steps were taken. It will also depend upon whether a phrase was commonplace, etcetera. (E.g., if someone were to google a given marketing phrase, would there be a lot of other hits from other users/the public?)
In the end, the answer will probably be, it depends.
You should contact an attorney if you have made a significant investment in the marketing campaign. (It is a good idea to consult with an attorney before investing in a marketing campaign and or choosing a trade name, trademark, or servicemark. In any event, it is wise to make sure that there are no other conflicting users, e.g. through an internet search, at a minimum, even before consulting with counsel.)
Re: Can a competitor steal a marketing phrase?
It is impossible to answer the question without knowing particulars, and a public forum would not be the best place to do so.
There are a variety of potential issues, including whether the action amounts to unfair competition, etcetera. In any given situation, the outcome may depend upon who took what steps to protect what they considered valuable intellectual property, and when those steps were taken. It will also depend upon whether a phrase was commonplace, etcetera. (E.g., if someone were to google a given marketing phrase, would there be a lot of other hits from other users/the public?)
In the end, the answer will probably be, it depends.
You should contact an attorney if you have made a significant investment in the marketing campaign. (It is a good idea to consult with an attorney before investing in a marketing campaign and or choosing a trade name, trademark, or servicemark. In any event, it is wise to make sure that there are no other conflicting users, e.g. through an internet search, at a minimum, even before consulting with counsel.)
Re: Can a competitor steal a marketing phrase?
It is impossible to answer the question without knowing particulars, and a public forum would not be the best place to do so.
There are a variety of potential issues, including whether the action amounts to unfair competition, etcetera. In any given situation, the outcome may depend upon who took what steps to protect what they considered valuable intellectual property, and when those steps were taken. It will also depend upon whether a phrase was commonplace, etcetera. (E.g., if someone were to google a given marketing phrase, would there be a lot of other hits from other users/the public?)
In the end, the answer will probably be, it depends.
You should contact an attorney if you have made a significant investment in the marketing campaign. (It is a good idea to consult with an attorney before investing in a marketing campaign and or choosing a trade name, trademark, or servicemark. In any event, it is wise to make sure that there are no other conflicting users, e.g. through an internet search, at a minimum, even before consulting with counsel.)
