Licensing and Merchandising

A service or item with a specific provenance is given the moniker of a brand. A strong brand strategy gives a business a competitive edge in the marketplace and shows that the company keeps its commitments to customers, building a trusted brand identity. The core of a brand name concentrates on separating itself from the competition while also educating the customers of what to expect from the company’s services and products. Brands and logos are often mistaken for one another, but they are not the same thing. A logo is a design element that is easily reproducible and recognizable, and it contains three main items namely; a symbol, trademark, specific colors and a name (Brodie, 2017).

Assuming the use of the logo is unauthorized, what must State University show in order to prevail if it decided to pursue trademark infringement action against these users, and how would such a showing be made?

The use of unauthorized logo is tantamount to legal redress and possible prosecution pursuant to the stipulated legal mandate safeguarding criminal copyright and trademark infringement. Invariably, copyright abuse and successful litigation would mean that the State University cooperates fully with the law enforcement agency. Imperatively, without any information sharing, both parties can neither suggest nor meet the burden of proving that this crime has been committed, hence the need for an established criterion designed to help with the flow of information from both sides (Humphreys et al., 2017). For the State University to be able to successfully report the violation, there are some elements of vital information that must be availed by the plaintiff follows an elaborate seven step guide which will help the law enforcers to provide assistance: The first item should be the background of the State University of athletics, and this is where they indicate their email and phone contacts, nature of business and name. The second item for consideration should be the clear description of the trademark which is the subject of contention and accompanied with relevant documents supporting the claims for infringement. The information on infringement should also be indicated if the logo had been previously registered by the federal government and an accompanying certificate attached (Cosgrove, Marsh, Chester, & Cosgrove, 2011). An accurate value of the infringed goods should be reported as well as any previous allegations of infringement should be mentioned. Thirdly, the item under scrutiny should be a detailed description of the intellectual property crime, here is where the State University clearly defines how this crime was discovered and also present their examination reports of the goods and describe the type, scope of infringement and where it occurred. Fourthly, the victim is required to list all the suspects of this crime ensuring he includes their contacts, identification, and reasons for suspicion. The fifth item for consideration entails outlining the appropriate recourse for action which invariably involves the police and regulatory authorities. In a case where the internet was involved the sixth item requires the State University to attach the picture of the website, the URL, site name, evidence collected from investigating the theft or counterfeiting of goods and IP address. They should also mention if the right person has sent a cease notice to the website. The seventh item requires the State University to note down if they have ever done any business with the reported suspects, they should also indicate if they have received any of the counterfeit items and if any reports were made in a situation where goods were received (Ferrante, 2015). Any government agencies contacted as a result of this incident should also be indicated as part of the seventh item.

Assuming your boss would want to file a lawsuit only as a last resort, what steps would you endorse to curb this unauthorized use?

The use of counterfeit trademarks results to huge penalties, anyone intentionally distributing goods and services while using a counterfeit mark is guilty of this crime. Before reporting the matter to law authorities, the State University ought to do thorough investigations to collect enough evidence for the lawsuit to be successful. These investigations should be conducted using a variety of steps such as interviews, a collection of samples of the fake goods, surveillance of the suspects and computer examination (Humphreys et al., 2017). However the research must be done in a very organized manner to prevent duplication of efforts, some of the activities to be included in the data collection are:

Documentation

Documentation should be the added in all steps to avoid situations where the same people are conducting the same investigation. Documentation promotes transparency and accuracy. The State University Athletics ought to identify companies that are selling their merchandise using the unauthorized logo and designs. Once this has happened, they should look for channels used in the distribution of the goods. In a case where the goods are sold online, the IP address, date and time of purchase, URL, website, the method of payment, the manner of delivery and domain name should be documented (Brodie, 2017).

Testing of Evidence

It is imperative to take cognizance of the fact that the evidences collected ought to be tested. Testing of the goods sold should follow to help in determining if the unauthorized company is selling stolen merchandise from State University or if the goods have counterfeit characteristics such as poor packaging seal, failure to meet required specifications and poor quality. All interviews conducted with eyewitnesses or suspects should be recorded in writing or on video.

Any evidence identified must be preserved for the State University to present it during legal proceedings. Such evidence includes any physical documentaries and digital evidence acquired during the investigation process (Humphreys et al., 2017). In a case where the State University identifies an online website used for distribution, they should print out a picture of the digital site and preserve any texts and emails related to the fake items also they should safely store the counterfeit goods.

Law Enforcement

After detection of satisfying evidence, the State University should then proceed by contacting the law and report an intellectual property crime. The early referral to the law is a good way of exercising one’s legal remedies after ensuring that all investigation options have been well explored and the evidence is well secured.

Conclusion

The goal of a logo is to evoke emotions and memories from the user or consumer depending on their previous experiences. Essentially, the logo should trigger and subsequently influence consumer behavior towards a brand’s position through its visual representation. Businesses protect their brands through obtaining registration of trademarks that are inclusive of the company’s name, taglines, logos and distinctive phrases. For another business to use the trademark, it must seek a permit from the authority. When this authority is lacking, infringement occurs and legal action becomes an ultimate eventuality.

References

Brodie, R. J. (2017). Commentary on “Working consumers: Co-creation of brand identity, consumer identity, and brand community identity”. Journal of Business Research, 70, 430-431.

Cosgrove, M., Marsh, D., Chester, J. F., & Cosgrove, S. (2011). Case Study: Trademark Infringement Issues. Journal of Business Case Studies, 7(2), 19.

Ferrante, M. (2015). E-commerce platforms: liability for trade mark infringement reflections on Chinese courts’ practice and remedies against the sale of counterfeits on the internet. Journal of Intellectual Property Law & Practice, jpv027.

Humphreys, M. S., McFarlane, K. A., Burt, J. S., Kelly, S. J., Weatherall, K. G., & Burrell, R. G. (2017). Recognition in context: Implications for trade mark law. Psychonomic Bulletin & Review, 1-8.