Question

Fact Scenario:

                   Quik Results, Inc.(QRI), a Michigan corporation, makes and sells Power Up!, a super energy boosting, carbonated beverage. Power Up! is made in Michigan, but shipped to stores all across the Midwest and East Coast. Power Up! is made by QRI, and delivered on QRI. trucks, by QRI employees. QRI has in-house accounting and marketing staff.

                  QRI is concerned about preventing competitors from imitating the distinctive Power Up! logo and thereby misleading customers. How can QRI protect the logo? What would QRI do if someone imitated or straight copied the Power Up! logo

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Answer 1

In order to protect the logo filing for a trademark application should be the first thing to be done as this would protect QRI’s consumers’ recognition of the Power Up! logo thereby identifying only QRI as the source of the energy drink. The trademark would also protect and prohibit others from using the logo on similar goods or services. Trademarks protect anything that is perceived as confusingly similar in its sight, sound or meaning to the consumer.

If QRI has a registered trademark of its logo then they have exclusive right on it within the registered category of goods. Hence, if some other company partially or substantially copies the logo then legal action can be taken by QRI on the basis of trademark infringement.

The first thing QRI would need to do is hire a trademark lawyer to further pursue the case leading to the following actions that can be taken –

a) File an infringement lawsuit against the other party in the court of law, based on the location, by sending the dispute notice.

b) Asking for compensation for the infringement done according on the business loss.

c) Certain informal ways of alternative dispute resolution methods can also be adopted like out of court settlement by hiring a mediator or negotiation between both the companies.