Trademark News & Screw-ups Fernando's peri peri chicken shop owner 'baffled' as Nando's accuses them of copying trademark

Great story showing how important it is for new small businesses to pick their names carefully. Before you invest your last penny, as this owner did, to build your business under a brand you can't own, remember the words of Mr. Asam Aziz. Mr. Asam Aziz. Describing his dilemma, he said, "a potential lawsuit will make me go under" and "If I change the name that's another expense I'll have to change the signage, the graphics, have new menus, it's an unnecessary cost to me." Mr. Aziz is not the first business owner facing this dilemma—and certainly not the last one. It happens every time you treat you treat your brand as your property without having taken any steps to ensure you can and do in fact own it. Now Mr. Aziz is going to meet with intellectual property specialists. Want my prediction? They're going to tell him what he already knows. He might have a chance of winning but has no funds to pay for the battle. So he'll be in exactly the same place as he was—only out of the fee he'd pay to the lawyers. Oh, and one more thing. Even if you inadvertently and innocently copy someone else's brand, it's still a trademark infringement.

The video below features Andrei Mincov's commentary of this article.



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Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.