Trademark News & Screw-ups French group to Mad River Distillers: Change the name of your brandy, or else

You came up with a name that somewhat resembles someone else's brand. You start small, you do your thing. The other brand doesn't seem to notice. You keep putting more effort into your business. It slowly grows. But the other brand still doesn't notice you. Blinded by your impunity, you go for it as if your life depended on it. You start promoting your brand, you participate in industry events, you get awards, you invest in advertising. Finally, you get traction. People love you and your product. You are finally profitable! This is typically when you would hear from the law firm representing the other brand. This is when you are most vulnerable. You have just enough money for them to go after you, but not enough to easily survive the rebranding or a full-blown lawsuit. In short, it's OK to not care about branding and trademarks—as long as you don't plan to be successful.

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

THINKING OF TRADEMARKING YOU BRAND?

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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.