Copycat Competitors
The legal way to protect your trademark against copycat competitors is to get a registration certificate, in that way you can use it as proof that you own that trademark. The first thing to do is to write a warning letter or you can call directly the person in charge informing them to stop using the same trademark. If in case the competitor will not stop, you have the right to sue them or file a lawful case against them.
The infringement of the mark happens only when customers are confused by the concurrent use of the mark and when the mark is used on rival products and services. If you believe that another party is using your trademark, you should probably take action. One of the first things to do is to approach an Intellectual Property Agent who specialized in this kind of field. They will help you stop the infringing party.
Typically, trademark issues begin by sending the infringing business a cease-and-desist letter and demanding that they stop using your mark. If the infringing party fails to comply and still continues to use your trademark after receiving the letter, the next course of action is filing an infringement lawsuit against the infringer with the Competent Court.
The infringement of the mark can be stopped by taking the following steps.
Step 1:
We will visit the infringing party and show them the trademark registration certificate and hand them a warning letter requesting to stop using the same trademark and remove it from all their products within a period of 5 days.
Step 2:
Once the infringing party fails to comply with the said given period of 5 days, we would recommend sending a Cease and Desist letter. This is essentially a demand letter, succinctly and clearly explaining the infringement, addressed to the trademark infringer to immediately stop their infringing activities and warn them of the appropriate legal measures to preserve and protect the rights and request them to provide us with an undertaking to this effect within 15 days as of the date of being notified with our cease and desist letter, otherwise; they would face legal action.
Step 3:
If the infringing party fails to acknowledge within 15 days, the next step is to send them a Cease and Desist letter duly notarized in the notary public and are given another 15 days to comply.
Another option is to make a case letter to the Ministry of Economy, wherein there is a department or a committee that handles this kind of case to reach an amicable solution. The authorized committee will forward the case letter to DED and will take action by inspecting the infringing party’s shop.
Step 4:
Alternatively, file an infringement lawsuit against the infringer with the Competent Court – Court of First Instance.
Related: Register Trademark of Foreign Company In UAE
In the event that in the first stage of the court the judge has reached a ruling and the other party doesn’t think it is a fair decision, he can file an appeal and the case will be raised to the Court of Appeal. An appeal may be filed to the court of appeal within 30 days of the issuance of the final judgment from the court of the first instance (or the issuance of an attachment order).
The last stage of the competent court will be the Court of Cassation wherein the ruling will be either ratified or cancel, and the ruling of the judge in this court will be final and must be accepted by both parties.
You’ve got to compete with copycat rivals, no matter what company you’re in. You really can’t run.
Competitors who steal your tactics, your moves, your plans, and even your name and logo occasionally.
Do you need to worry? You can of course. Within this online world where stealing and copying other ideas is much simpler than offline it happens more often than we thought.
Also Read: Benefits of Outsourcing the Trademark to Experts
5 ways you can protect your brand
You may find it hard to believe there are people out there who can steal the company of someone else and call themselves entrepreneurs. Unfortunately, however, people can hold on to whatever is monetize when the money is involved. Although there’s nothing you can do about it, you can protect your brand by the following means:
- Legally protect your idea.
The higher you’ll be, the more legal protection you will get for your company and/or goods. Patents are important — even provisional patents on inventions. You will need to use non-disclosure agreements when talking to people (including employees) about information about your company.
A trademark can provide another protective layer, too. If a legal problem occurs in the future, your registered trademark may serve as clear proof of a concept. This also offers a time-stamp when the idea came up first.
- Do something totally high-class or unique
Legal security is good, but a patent does have forms. Some people will expose loopholes, while others will blatantly violate them and challenge you to enter into an expensive lawsuit. So, what’s even better than a patent is a totally unique idea that can’t be replicated.
Lithuanian businessman Ausra Bankauskaite is the best example to send us. She designs jewelry that’s been featured in Vogue and other reputable design publications, but the thing about her jewelry is that it’s totally unique. She designs stuff like the one-of-a-kind bracelet featured in this article. The bracelet is made from recycled car parts and contains vials of gasoline, antifreeze, brake fluid, machine oil, and transmission fluid. There’s no easy way to replicate that.
- Confront and challenge copycats.
If you see a copycat appearing, immediately and explicitly question the individual or firm. Don’t run to your lawyer, who might take three weeks to respond. Call the copycat company and speak with the people in charge. Let them know, a) you don’t appreciate their copying of your product; and b) you’ll pursue whatever legal means you need to shut down your product. This won’t always make them walk away, but they’ll know whom they’re messing with.
- Offer superior service.
Products are easily replaceable. Your little plastic gadget could be manufactured in another factory with the same consistency and precision as it is in yours. But there’s one thing that isn’t as easily replicated: quality customer service. Offer superior service to your customers and they’ll continue to trust you.
- Build brand loyalty.
How nice would it be if you didn’t have to worry about copycats? That’s possible but you’ve got to invest in something called brand loyalty.
When you work hard for several years to build brand loyalty, consumers aren’t going to jump ship when they see a cheaper copycat alternative. They’re going to take all of the factors into account, and most will stick with your brand.
Focus on your own business.
It’s not the competition that kills most businesses — it’s the inability of some leaders to put on blinders and block out all of the outside noise. While you should confront and challenge copycats, don’t let them get inside your head. At some point, you have to forget about what’s going on around you and start focusing on your own business and products.
If you have any other questions regarding copycat competitors please feel free and contact us for a free consultation.
